(Commonwealth_UK) Cyprus is currently reviewing its approach to handling migrants who hold special protection status but are involved in serious criminal activities. Individuals who cannot safely return to their home country due to the risk of serious harm, despite not meeting the criteria for refugee status, receive special protection status. Current EU regulations allow Cyprus to revoke this status if there is strong evidence of an individual’s serious crime. However, new EU rules may make such action more challenging. By 2026, authorities will require a criminal conviction before they can revoke an individual’s protection status.
EU laws, which mandate a thorough examination of each case, frame these developments. If an individual no longer qualifies for protection, they are considered to be staying in the country illegally. The EU prohibits sending these individuals to any other EU member state. Their deportation can only be to their home country or a non-EU-accepting country. This poses significant logistical and legal challenges for Cyprus, particularly as the country grapples with a rising number of migration cases.
In contrast, refugees, who are a separate category of migrants, enjoy more robust protections under EU law. A ruling by the European Court of Justice in 2023 emphasized that even if a refugee is convicted of a serious crime, their refugee status can only be revoked if it is demonstrated that they pose a threat to society. This ruling reinforces the higher level of protection afforded to refugees compared to those under special protection status.
A recent case before the European Court of Human Rights (ECHR) has focused on Cyprus. A local rights group filed a complaint about the treatment of migrants stranded in the country’s buffer zone, which separates the Turkish-occupied northern part of the island from the internationally recognized southern part. The ECHR raised concerns about how Cyprus was managing the situation, prompting the country to expedite its response. Cyprus had initially requested more time to respond, but pressure from public comments, particularly from Nikos Ioannidis, the Deputy Minister of Immigration, led to a quicker reply.
Ioannidis addressed the situation by explaining that, should they not leave voluntarily, migrants who commit crimes in Cyprus must serve their sentences in the country before deportation. He clarified that Cyprus has agreements with certain countries for the deportation of migrants, although he did not specify which countries these were. Ioannidis assured that the process of relocating refugees from the buffer zone to the Kofinou reception center has been underway for several weeks, without direct involvement from the ECHR, although he acknowledged that the court’s concerns had brought the issue to the forefront.
Looking ahead, Cyprus is preparing for the changes that the new EU rules will bring by 2026. These rules will make it more difficult for member states like Cyprus to revoke protection status based solely on the evidence of serious crimes. The requirement for a criminal conviction means that the decision to revoke protection will be based on a formal legal process, rather than just evidence of wrongdoing. This change is expected to complicate the deportation of individuals who no longer qualify for protection, as they will no longer be eligible for relocation programs or solidarity mechanisms within the EU that assist asylum seekers or recent protection recipients.
Cyprus is in ongoing discussions with Brussels to ensure that its approach aligns with both its domestic needs and its international commitments. The upcoming rule changes will undoubtedly shape how Cyprus manages its migrant population as the country navigates its role within the broader EU migration framework.
