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Second instance determination - Cyprus
Last updated on 15/10/2025

There are two main levels of appeals in asylum cases: the International Protection Administrative Court (IPAC) and the Court of Appeal.

 

IPAC was established in July 2018 pursuant to Article 3 of the Law of 2018 on the Establishment and Operation of the Administrative Court of International Protection). On 18 June 2019, the International Protection Administrative Court (IPAC) started its operation and took over pending cases from the Refugee Reviewing Authority as the body responsible for examining appeals of negative decisions on applications for international protection, decisions on Dublin transfers and decisions relating to reception conditions. According to Article 146 of the Constitution of the Republic of Cyprus, IPAC has exclusive jurisdiction over the review of appeals against decisions of the Asylum Service on the grounds of the Refugee Law.

The appeal lodged with IPAC automatically suspends the execution of the decision of the Asylum Service (Article 8(1)(a)(ii), Refugee Law). IPAC examines the case ex nunc, on both facts and aspects of law (Article 11(3) Law of 2018 on the Establishment and Operation of the IPAC).

 

On 1 July 2023, the Court of Appeal was established exercising jurisdiction previously conferred on the Supreme Court (Article 3A(1) Administration of Justice Law of 1964). Thus, from July 2023, an appeal against a decision of IPAC, depending on the case, may be lodged with the Court of Appeal, which examines only the legality of the claim (Article 13 Law of 2018 on the Establishment and Operation of the IPAC). The appeal lodged with the Court of Appeal does not have an automatic suspensive effect.

 

In addition, an appeal may be brought to the Supreme Constitutional Court on the grounds that the decision is contrary to the provisions of the constitution or the law or was taken in excess or abuse of powers vested on the authority (Article 146 Constitution of Cyprus). The appeal in such a case entails a judicial review of the legality of the decision. Furthermore, according to legal amendment Note 23 of No 145(I)/2022, a transitional provision is inserted in the Administration of Justice (Miscellaneous Provisions) Law of 1964 whereby cases prior to 31 December 2020 which were registered with the Supreme Constitutional Court before the Court of Appeal was granted jurisdiction are referred to the Supreme Constitutional Court for adjudication.

 

In any case, the Supreme Court retains exclusive jurisdiction to issue writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari (Article 155(4) Constitution of Cyprus).