What Are the Procedures for Applying for Protection for Refugees in Cyprus?

Cyprus, located at the crossroads of Europe, the Middle East, and North Africa, has seen an increasing number of people seeking asylum and international protection due to its proximity to conflict zones. Refugees fleeing persecution, war, and human rights abuses may seek protection in Cyprus under international and national law. This article outlines the detailed procedures that asylum seekers and refugees must follow to apply for protection in Cyprus.

1. Arriving in Cyprus: Legal Entry or Irregular Entry

Asylum seekers may arrive in Cyprus either legally or irregularly. Legal entry occurs when a person arrives with a valid visa or travel document. Irregular entry happens when a person enters the country without the necessary documentation, for example by crossing the Green Line from the north or arriving by sea.

Importantly, under international refugee law, refugees who enter a country irregularly should not be penalized for their manner of entry, provided they present themselves to the authorities without delay and explain the reasons for their entry. In Cyprus, both legal and irregular entrants are entitled to apply for asylum and cannot be deported until their claim has been fully examined.

2. Step 1: Registration of an Asylum Application

Once a person arrives in Cyprus, the first step in applying for protection is to register their asylum claim. This can be done either at the Asylum Service of the Ministry of Interior or at any Police Immigration Unit. The asylum application must be submitted in person, and each adult must submit their own claim. Unaccompanied minors are given special protection, and their claims are usually filed by a legal guardian appointed by the state.

During registration, the following documents and information are required:

• Personal identification details (passport, ID, or other available documents)
• Reasons for seeking asylum, including personal history and the reasons for leaving the country of origin
• Biometric data collection, such as fingerprints, is mandatory under EU law

Applicants will receive a confirmation of their asylum application, often in the form of a document known as a “Pink Slip”, which grants them temporary residence and protection in Cyprus while their application is being processed.

3. Step 2: Temporary Protection Rights for Asylum Seekers

Once an asylum application is submitted, applicants are granted certain rights and protections while awaiting the outcome of their claim. These include:

• Right to stay: Applicants cannot be deported while their application is under examination.
• Access to basic needs: Asylum seekers are entitled to basic support, such as housing, food, and health care. This support may be provided either directly through shelters or as financial assistance to help cover living expenses.
• Right to work: After six months, asylum seekers are entitled to access the labor market. However, there are often limitations on the types of work they can engage in.

4. Step 3: The Asylum Interview

One of the most important stages of the asylum process is the personal interview conducted by the Asylum Service. This interview is designed to assess the credibility of the applicant's claim and gather additional information that may not have been included in the written application.

During the interview, applicants should be prepared to:

• Explain the circumstances that led to their flight from their home country.
• Provide details about the persecution or danger they face in their country of origin.
• Present any supporting evidence they may have, such as reports, documents, or witness testimonies.

Applicants have the right to request legal representation and can also request an interpreter if they do not speak Greek or English. It is crucial that applicants are as honest and detailed as possible during the interview, as inconsistencies in their story can lead to their claim being rejected.

5. Step 4: The Decision on Asylum Application

After the interview, the Asylum Service will decide whether to grant refugee status, subsidiary protection, or reject the application. The decision is usually provided in writing, and it can take several months, sometimes over a year, for a decision to be issued due to the high number of applications.

a. Refugee Status

If the applicant is recognized as a refugee, they are granted the following rights:

• The right to a residence permit for three years, renewable.
• The right to work, education, and health care on the same basis as Cypriot citizens.
• The right to family reunification, allowing family members to join them in Cyprus.

b. Subsidiary Protection

If the applicant does not meet the criteria for refugee status but still faces a risk of serious harm if returned to their home country, they may be granted subsidiary protection. This status includes a one-year renewable residence permit and other rights similar to those granted to refugees, but without family reunification rights.

c. Rejection of Asylum Application

If the application is rejected, the applicant is issued a decision in writing. This decision outlines the reasons for the rejection and informs the applicant of their right to appeal. Asylum seekers have 20 days to lodge an appeal with the Administrative Court for International Protection.

6. Appealing a Rejection

If an asylum application is rejected, the applicant has the right to appeal the decision within 20 days of receiving it. The appeal is reviewed by the Administrative Court for International Protection, which assesses the case based on the merits and can either uphold or overturn the original decision.

Applicants also have the option to appeal to the Supreme Court of Cyprus if the Administrative Court rejects their appeal, but this is usually limited to cases where there has been a procedural error rather than a reassessment of the facts.

7. The Dublin Regulation and Transfers to Other EU Countries

Cyprus, as a member of the European Union, is subject to the Dublin Regulation, which determines the EU member state responsible for examining an asylum application. In many cases, the first EU country where an applicant's fingerprints are registered or where they first entered the EU is responsible for processing their claim.

If it is determined that another EU country is responsible for an asylum seeker’s claim, Cyprus can transfer the person to that country under the Dublin Regulation. Conversely, asylum seekers who have first entered another EU country and come to Cyprus may be returned to the initial EU country to have their case processed.

8. Rights of Recognized Refugees in Cyprus

Once granted international protection, refugees have the following rights:

• Residence permit: Recognized refugees receive a residence permit, allowing them to live in Cyprus.
• Access to work: They have the same access to the labor market as Cypriot nationals, without restrictions on the type of employment.
• Social services and education: Refugees can access social welfare benefits, health care, and education under the same conditions as Cypriots.
• Travel documents: Refugees can apply for a travel document under the Geneva Convention, allowing them to travel internationally.

9. Challenges in the Asylum Process

The asylum process in Cyprus, while providing a legal pathway for refugees to seek protection, is not without challenges. Delays in processing applications, overcrowded reception facilities, and limited access to legal aid are common problems. Additionally, asylum seekers may face difficulties in finding work and integrating into Cypriot society due to language barriers and social exclusion.

10. Support for Asylum Seekers and Refugees

Various non-governmental organizations (NGOs) in Cyprus provide assistance to asylum seekers and refugees throughout the application process. Organizations such as the Cyprus Refugee Council, Caritas Cyprus, and the Red Cross offer legal advice, social support, and assistance with integration.

Conclusion

The procedure for applying for refugee protection in Cyprus involves several stages, from registration to the asylum interview, and the decision-making process. While the system aims to provide a fair and efficient means of granting protection to those in need, the challenges of delays and integration remain significant. Nevertheless, Cyprus remains committed to upholding international and EU obligations to protect refugees and asylum seekers within its borders.