An Iranian national residing in Cyprus since 2002 was arrested in November 2023 following information that he was involved in activities benefiting Iranian terrorist elements, with the aim of committing criminal acts against Israeli nationals in Cyprus.
The Iranian national appealed to the Administrative Court seeking the annulment of the detention and deportation orders, as well as his declaration as an illegal immigrant, arguing that the decision was made abusively, resulting from a series of legal violations and principles governing administrative operations.
After evaluating the testimony and accessing the file marked “confidential,” the Court, having heard both sides, ruled that the applicant’s behaviour justifies the Director’s determination that he poses a real, current, and serious threat to society’s security and consequently a threat to public order and safety of the Republic, making it unlikely for alternative detention measures to be imposed on him.
According to a court decision, the applicant, an Iranian national and recognized refugee, legally arrived in the territory of the Republic of Cyprus on 2/01/2002 through Larnaca Airport, along with his wife and son.
On 15/05/2003, the applicant applied for political asylum, which, after examination, was granted refugee status on 25/08/2004, securing residency permits with this status.
It is noted that on 09/12/2004, he changed his name for security reasons for himself and his family.
On 29/05/2009, the applicant applied for naturalization as a Cypriot citizen, which was rejected on 15/12/2014.
His related appeal, following in the Administrative Court, was rejected by a decision dated 17/01/2019.
It emerges from the administrative file that, as part of the examination of the citizenship application, a report was sent by the Cyprus Police, recording that information was gathered that the applicant was involved in the trafficking of counterfeit passports, however, it was not possible to prosecute him, as the complaint was made in the occupied territories.
On 04/11/2023, the applicant was arrested at his residence under a judicial arrest warrant for the purpose of investigating a criminal case and has remained in custody since then.
Specifically, he was arrested for the investigation of a case concerning:
(a) Conspiracy to commit a crime in violation of Article 371 Ch. 154,
(b) Participation in a criminal organization in violation of Article 63A Ch. 154,
(c) Participation and acceptance of the commission of crimes in violation of Article 63B Ch. 154,
(d) Offenses under the Terrorism and Victims Protection Act Article 5 of Law 75(I)/2019, as there was information that the applicant was acting for the benefit of Iranian terrorist elements, with the aim of committing criminal acts against Israeli individuals, specifically the murder of Israeli citizens and one Israeli businessman who holds Cypriot citizenship.
By letter from the Director of the Population and Immigration Archive Department dated 18/11/2023, his deportation was decided.
The Court agreed with the Legal Service lawyer that the measure of his detention was suitable and proportionate to the desired outcome, namely the implementation of the deportation order, which as mentioned above has been lawfully issued, following a due investigation and rationale.
After this finding, it dismissed his appeal.
