Author
The Refugee Law allows the detention of asylum applicants subject to no time limit. Therefore, in most cases persons will remain in detention until they are deported, they opt to leave voluntarily or receive international protection. A limited number of cases will be released based on a Court Order.
When a person that is already detained applies for asylum, a new detention order is issued under the Refugee Law usually under the presumption that the person is submitting the application for international protection merely in order to delay or frustrate the enforcement of the return decision. As a result, their detention also has no time limit.[1]
Once detained, an asylum applicant will in most cases remain detained for the duration of the asylum procedures. For asylum applicants detained in Menogia Detention Centre, the duration of the first instance examination of the asylum application is on average 2 months, whereas if detained in a holding cell it may take longer. Furthermore, if an appeal is submitted before the IPAC against a negative decision on the asylum application the duration of detention will be prolonged/delayed. Duration of detention has remained an issue throughout 2024 and 2025, especially if a detainee does not challenge their detention at court. If a detainee does not submit an appeal against the detention order issued against them, it is very rare that an asylum applicant would be released following a decision from the Migration Department.
Cases have been brought before the Supreme Court, challenging the duration of detention from 2021 onwards and again in 2025. The Court has often found that no actions have been taken by the authorities to either investigate or support claims related to being a threat to national security or member of a terrorist group. Furthermore, no steps have been taken to examine the detainee’s asylum application or to make progress in the return procedures. As a result, the duration of detention is considered to be unreasonably prolonged and therefore unlawful.[2]
The above-mentioned court decisions have not had an impact on the policies or practices that are followed regarding the length of detention, which continues to be indefinite.[3]
Asylum applicants’ freedom of movement is also restricted while staying in Pournara, and the CPT in repeated reports has considered it a situation of de facto detention (for details on the conditions in Pournara see Types of accommodation).[4]
Regarding duration of stay, although it has been reduced from 2023 onwards, in comparison to previous years,[5] the average duration of stay is still around 30 days.
Moreover, there is no legal basis for the restriction of movement. Specifically, in 2025, the CPT delegation noted ‘that there was a significant decrease in population when compared to 2023, as at the time 290 foreign nationals were deprived of their liberty in the Pournara Centre. However, vulnerable groups, including 25 UASC, continued to be held at the facility. Furthermore, the CPT noted that in March 2025 the average length of detention for adults in the Pournara Centre was 23 days, with one vulnerable woman at the time of the delegation’s visit being de facto deprived of her liberty for 166 days. While the registration procedure on average took a matter of days, some assessments, such as age assessments or DNA tests, took several months. Therefore, while on average UASC were detained for 13 days, multiple UASC were detained for extended periods, including one boy who had been detained for over 75 days. The CPT reiterated its long-standing view that asylum seekers should only be deprived of their liberty as an exceptional measure. Further, the CPT reiterates that the Cypriot authorities transfer vulnerable groups to more suitable accommodation and that steps be taken to end the detention of children and unaccompanied and separated children (UASC).’ [6]
[1] Information provided by Cyprus Refugee Council.
[2] Supreme Court, Appeal, Application 15/22, 17 November 2022, available in Greek here.
Supreme Court, Application 101/2023, 15 September 2023, available in Greek here.
Supreme Court, Application 183/2024, 5 December 2024, available here.
Supreme Court Application, No. 225/25, 29 October 2025, available here
[3] Information provided by Cyprus Refugee Council.
[4] CPT, Report to the Government of Cyprus on the visit to Cyprus carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 9 to 17 May 2023, available here.
CPT, Report to the Government of Cyprus on the visit to Cyprus carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 4 April 2025, available here.
[5] See AIDA Country Report: Cyprus, 2020 Update and 2021 Update for information on extended stay in Pournara during these periods, available here.
[6] CPT, Report to the Government of Cyprus on the visit to Cyprus carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 4 April 2025, available here.