Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The deportation of an alien is an administrative act and is subject to Section 146 of the Constitution.
According to Section 146, a foreigner may lodge an appeal against a deportation decision
with the Supreme Court. In this case the order is suspended.
Rejected asylum seekers who cannot be deported, may be granted a six months renewable residence
permit.
Migrants may appeal against expulsion orders, beginning first with the Chief Immigration
Officer, then moving to the Commissioner of Administration and lastly to the Supreme Court to
have an order rescinded.
Detention
The Aliens and Immigration Act stipulates that a foreigner, who is staying unlawfully on the
territory of Cyprus or is awaiting deportation may be detained on the order of the Chief Immigration
Officer.
The Refugee Act foresees that asylum seekers may be detained on the following grounds:
To ascertain their identity;
To ascertain the facts upon which the application is based;
To protect public order and national security.
An immigration officer or the Refugees Authority may order detention for an initial period of
eight days. Detention exceeding this period is subject to a court decision; the court may order
subsequent eight days, up to a maximum detention period of 32 days.
Generally, the laws throughout Cyprus prohibit arbitrary arrest and detention. Respective arrest
warrants have to be issued by courts. No person may be detained for more than a day without
referral of the case to the courts for extension of the period of detention.
A foreigner lawfully resident in Cyprus may not be expelled except for reasons relating to
national security, public order or morality. If this occurs, the person is able, under Article 1 of
Law 18 (III) of 2000, to appeal and have his/her case reviewed by the competent authority.
Trafficking
In 2001, Cyprus signed the UN Convention against Transnational Organized Crime and its Palermo
Protocol on preventing, combating and punishing trafficking in human beings, especially women
and children.
Article 157 of the Penal Code prohibits prostitution-related activities including the procurement
thereof, and:
Inducing a woman to prostitution in Cyprus or elsewhere;
Inducing a woman to leave Cyprus to work in a brothel elsewhere.
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