What happens if my application is refused?

You can appeal the negative decision of the Asylum Service by submitting a recourse to the Administrative Court of International Protection.

The Administrative Court of International Protection is located in Nicosia.

The contact details are as follows:

Address: 5, Costi Palama street, 1096, Nicosia

Telephone: (+357) 22747500

Fax: (+357) 22747537

You must submit a recourse to the Administrative Court of International Protection within 75 days from the day you receive the negative decision of the Asylum Service. You have the right to remain in Cyprus until the deadline of 75 days expires. If you do not submit a recourse within the 75 day deadline, you will lose your right to remain and will be subject to arrest and deportation.

You can submit a recourse in person or through a lawyer registered with the Cyprus Bar Association. If you choose to submit a recourse in person, you have the right to be provided with free interpretation services. You will be required to complete a specific form and specify the reasons for your appeal.

NOTE: The process for submitting a recourse is complicated and you may wish to seek legal advice and representation for this purpose.

Yes, there are fees for submitting a recourse to the Administrative Court of International Protection.

If you chose to submit a recourse in person, the amount payable is 96 Euros.  This amount is submitted in what is known as “court stamps”, and specific stamps must be purchased for the recourse.  Court stamps may be purchased from any post office or the offices of the local Bar Associations, which are situated at the District Courts.

If you submit a recourse through a lawyer registered with the Cyprus Bar Association, the total amount payable is 137 Euros. In addition to court stamps (96 Euros), you will also need to purchase lawyers’ stamps (41 Euros). The lawyers’ stamps can only be purchased at the office of the local Bar Association.

Yes, you can make an application for legal aid. The application form for legal aid is available in a number of languages at the Administrative Court of International Protection. You will be assisted free of charge by an interpreter of the Court to complete the legal aid application. You will need to explain in your legal aid application and prove to the Court that your appeal has good chances of success in order to be granted legal aid by the Court.

You must make a legal aid application as soon as possible after receiving the negative decision of the Asylum Service.

The legal aid application is a separate procedure from the recourse and it may take several days for the final decision to be issued.  Even if you make a legal aid application, you must still submit a recourse within 75 days from the day you receive the negative decision of the Asylum Service otherwise you will lose your right to remain in Cyprus.

In your application for legal aid you must explain the reasons you believe your case was not examined properly. You must also explain any problems you had with the procedure followed in the examination of your case. If you have any new facts or new evidence concerning your case, you must also include them. You must also explain why you are not able to pay for your own lawyer. You may also request assistance from a non-governmental organisation to help you prepare the legal aid application.

You may find information on non-governmental organisations assisting asylum-seekers and refugees on the ‘Where can I seek help?’ section of this platform.

If the Administrative Court of International Protection accepts your legal aid application, then the State will provide you with a lawyer. You may also choose a lawyer from the list of legal aid lawyers kept by the Court.

Note: Even if your legal aid application is successful you must still pay the fees for submitting the recourse (stamps), as described above.

If your legal aid application is refused, you may still submit a recourse and represent yourself at the Court. You may also retain the services of a private lawyer to represent you, for a fee.

If your recourse is not successful, you may also be ordered by the Court to pay the legal and Court fees.

1.  The specific application form will need to be completed in Greek. The Court will provide you with free interpretation services.
2. You will need to attach a copy of the negative decision of the Asylum Service.
3. You may also attach any other new documents to support your recourse, which you have not previously submitted to the Asylum Service.
4. You must serve a copy of the submitted application form and supporting documents to the Asylum Service within 10 days. Note: The recourse may be rejected if it is not served within this period.
5. The Asylum Service, through the Legal Service of the Republic, has the right to file an objection against your recourse. The objection must be filed within 20 days.
6. The Court will subsequently issue instructions for the further processing of your case. Unless the Court instructs otherwise, you will have to submit detailed reasons for your recourse in writing within 30 days. You will need to immediately serve a copy of the detailed reasons you have submitted to the Asylum Service. (a) You must submit each reason in a separate paragraph and provide the relevant explanation. (b) You must attach a list of court cases supporting your arguments and copies of the relevant decisions.
7. The Asylum Service, through the Legal Service of the Republic, will also submit detailed reasons for its objection to your recourse within 30 days from the day your written submission will be served.
8. You will have the right to submit a further reply within 10 days.
9. The Court may subsequently issue instructions for the submission of further evidence, including an interview with you and/or written or oral statements by witnesses and experts.
10. The Court will set a date for what is called the ‘clarifications stage’. At the clarifications stage, you will be allowed 15 minutes to make oral representations in support of the reasons for your recourse. The Asylum Service, through the Legal Service of the Republic, will also be allowed 15 minutes to make oral representations in support of the reasons for its objection to your recourse. In exceptional circumstances, the Court may extend the time allowed for clarifications, if deemed appropriate.
11. The Court will subsequently notify you of the date for the issuance of the decision. You will be asked to attend Court to receive the decision in person.
12. You must submit new documents and/or additional evidence and/or any other testimony (further representations) to the Court as soon as possible and before the clarifications stage or the decision. If you submit further representations after the clarifications stage or the decisions you must show that, through no fault of your own, you were unable to submit them earlier. The Court is only obliged to consider any further representations if they significantly increase the probability that you will be granted international protection.

A number of legal advisors are employed at non-governmental organisations providing free of charge assistance to asylum-seekers and refugees. Legal advisors who are not registered with the Bar Association cannot represent you at the Court, but they can provide you with advice and may be able to help you to find a registered lawyer.

If the Administrative Court of International Protection accepts the recourse, the decision of the Asylum Service will be cancelled. The Court will issue a new decision and you will either be recognised as a refugee or you will be given subsidiary protection.

If the Administrative Court of International Protection agrees with the decision of the Asylum Service, this means that your recourse has been refused and you will have to leave Cyprus. You may appeal the decision of the Administrative Court of International Protection within 42 days of the decision by submitting an appeal to the Supreme Court.  This appeal must be submitted by a registered lawyer, and additional Court and lawyer’s fees will need to be paid.

NOTE: With the filing of an appeal, your deportation from Cyprus does not stop automatically, unless an interim order is obtained from the Supreme Court allowing you to stay in Cyprus.  This must be done with a separate application.  The Court may decide to let you stay if it believes you would be at risk of harm in case you are deported.

If the Supreme Court refuses your appeal, you will have to leave Cyprus. If you do not leave Cyprus, you may face the risk of being arrested and deported.

If you have a new claim since the time your application for asylum was rejected, you will need to submit a whole new application.

If your initial application was refused by the Asylum Service and you did not submit an appeal and have a new claim or new elements, you must attend the Police Immigration Office of your district and complete an application form. The Asylum Service will first examine whether the new elements or new claim really are new, and that you were not in a position to submit these before. During this examination you have the status of an asylum-seeker.

If the new elements or new claim is accepted, then the Asylum Service will examine these under the regular procedure and invite you for a new interview.