Cyprus parliament amends immigration law to introduce judicial review for extended detentions

On November 5, 2026, the Cypriot Parliament approved an amendment to the Aliens and Immigration Law with 39 votes in favor and 9 against, primarily from the ELAM and ALMA parties. The new legislation mandates a judicial review process for third-country nationals whose detention exceeds the initial six-month period.

Under the existing legal framework, detention could last up to six months, with potential extensions up to 12 months under specific conditions. The amendment introduces a mandatory habeas corpus procedure, requiring the Director of the Migration Department or their legal representative to file a petition with the court to justify any continued detention beyond the six-month mark. This ensures that the necessity and legality of prolonged confinement are scrutinized by an independent judiciary.

The legislative change aims to harmonize Cypriot national law with European Union directives and addresses recommendations from the European Commission. This initiative is part of a broader government action plan intended to facilitate Cyprus's accession to the Schengen Area. The implementation of this judicial oversight mechanism is expected to bring national procedures in line with EU standards regarding the rights of third-country nationals held in state custody.