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Return - IOM Publications - International Organization for Migration

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<strong>Return</strong> <strong>Migration</strong>: Policies and Practices<br />

In 2000, Cyprus introduced a new asylum law, and in connection with that, established a Refugee<br />

Authority, which took over the examination of asylum claims and all responsibilities <strong>for</strong><br />

granting asylum from UNHCR; previously the latter had been responsible <strong>for</strong> the asylum application<br />

procedure. The law was amended in 2002 to incorporate the non-refoulement principle<br />

into Cypriot asylum legislation.<br />

Asylum applications can be submitted at entry points and are handled by the <strong>Migration</strong> Department,<br />

which then submits an assessment to the Refugee Authority. When the Refugee Authority<br />

took over asylum determination in January 2002, there were 1,144 requests (about 1,302 persons)<br />

and 592 requests pending, of which 214 were rejected. At the end of that same year,<br />

Cyprus hosted about 1,700 asylum seekers and about 90 recognized refugees. UNHCR remains<br />

responsible <strong>for</strong> claims (five in 2002) in the northern part of the island.<br />

In its continuing ef<strong>for</strong>ts to counter the effects of irregular migration, Cyprus has also concluded<br />

several readmission and cooperation agreements with neighbouring countries and with Italy.<br />

1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS<br />

The legal acts regulating <strong>for</strong>ced migration in Cyprus are:<br />

The Constitution of the Republic of Cyprus;<br />

The Aliens and Immigration Act Cap. 105 as amended by the laws of 1974-1998;<br />

The Aliens and Immigration Regulations of 1972 and 1998;<br />

The Asylum Law of 2000 (including the Dublin Convention provisions; and <strong>for</strong> the granting<br />

of temporary status in case of mass influxes), and its amendment of 2002 (incorporating the<br />

non-refoulement principle);<br />

The Combating of Trafficking of Persons and Sexual Exploitation of Minors Law of 2000;<br />

The Penal Code.<br />

Entry <strong>for</strong> <strong>for</strong>eigners 5 into the Republic of Cyprus is possible on the following legal grounds:<br />

Permit <strong>for</strong> transit;<br />

Working permit and self-employer working permit;<br />

Permit <strong>for</strong> students;<br />

Tourist visa;<br />

Claim <strong>for</strong> asylum.<br />

Any person contravening the obligations arising from their stay permit status or having no legal<br />

grounds to stay in Cyprus, are considered to be illegal immigrants and are subject to expulsion<br />

and <strong>for</strong>ced return. The Chief Immigration Officer (Minister of Interior) has the authority to order<br />

detention and expulsion in those cases.<br />

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