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17/03/2021
CY: No free legal aid provided by law in certain procedure if the person lost the status of asylum applicant

ECLI
ECLI:CY:AD:2021:D98
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Cyprus, Supreme Court of Cyprus [Ανώτατο Δικαστήριο Κύπρου], Applicant (Bangladesh), ECLI:CY:AD:2021:D98, 17 March 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1637
Case history
Other information
Abstract

The applicant, national of Bangladesh, arrived in Cyprus illegally and was subsequently arrested on 11 August 2020, and an expulsion order was issued against him on 12 August 2020. He applied for asylum on 27 August 2020 at the same time when a detention order was issued against him based on the Law on Refugees. The asylum application was rejected and the applicant did not appeal within the 75 days deadline. An expulsion order was issued again on 3 February 2021.


In these proceedings, the applicant is contesting the decision to refuse legal aid for the purpose of filing a habeas corpus request (a writ that determines the lawfulness of detention). According to the national legislation, free legal aid for this type of procedure can be granted only to asylum applicants, but the applicant has lost the status of asylum applicant since he did not request the reopening of his asylum application nor did he appeal the negative decision.


The legal aid request was dismissed.


Country of Decision
Cyprus
Court Name
CY: Supreme Court of Cyprus [Ανώτατο Δικαστήριο Κύπρου]
Case Number
Date of Decision
17/03/2021
Country of Origin
Bangladesh
Keywords
Asylum Procedures/Special Procedures
Detention/ Alternatives to Detention
Legal Aid/Legal assistance/representation
Return/Removal/Deportation
Source
CYLAW