The applicant contested a detention order issued against him based on the Law on Refugees and requested its annulment and his immediate release or an alternative measure to detention.

In fact, the applicant, national of India, arrived in Cyprus with a work permit and in 2012 applied for international protection but he was rejected and his appeals as well. Deportation and detention orders were issued, the last one on 8 January 2021 and this was contested before the Supreme Court.

The Supreme Court rejected the appeal and clarified that the detention of illegally staying third country nationals is deemed necessary when the applicant conduct shows that there is a serious possibility that he will not comply with the removal order. 

The Court of First Instance considered reasonable from the facts of the case that other less restrictive alternative measures could not be applied, since it was obvious, based on the facts, that the most appropriate measure was his detention, pending the decision of the Asylum Service. 

The Supreme Court referred to the EASO Judicial Analysis Detention of applicants for international protection in the context of the common European Asylum System, 2019 and the CJEU case law, especially Mehmet Arslan vs Police Force of the Czech Republic, Regional Police Directorate of the Usti nad Labem Region, Foreigners Police Station (Policie ČR, Krajské ředitelství policie Ústeckého kraje, odbor cizinecké policie) (case C- 534/11, 30 May 2013) and FMS and Others vs Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendeszeti Főigazgatóság (nos. C- 924/19 and C- 925/19, 14 May 2020).