The Commissioner for Administration and Protection of Human Rights, Maria Stylianou-Lottides, highlights the need to find a solution for cases of minor children who remain without the possibility of arranging their residence status in Cyprus due to objective weaknesses in securing the required travel documents, in a report published on Thursday.
As mentioned, the report was drawn up following the investigation of a complaint submitted to the Commissioner's Office by a representative of the organization "Democratic Embassy of Belarus in Cyprus" and concerns the impossibility of arranging a residence permit for minor Belarusian nationals, who were born in the Republic of Cyprus, as their physical presence in Belarus is required for the issuance of the required passport, Something that in many cases is not possible, due to the political situation in the country.
According to the Commissioner, this inability results in children not being able to obtain a residence permit, despite the fact that their parents reside legally in the Republic of Cyprus, resulting in a situation of prolonged administrative and legal uncertainty, which may affect their access to basic rights and benefits.
The report notes that the Immigration Department recognizes that Belarus no longer allows the issuance or renewal of passports through its consular authorities abroad and that the physical presence of the interested parties in the country is required for this purpose. It should be noted, however, that Cypriot law requires the possession of a valid passport or other travel document for the issuance or renewal of a residence permit.
As reported, for humanitarian reasons, the Immigration Department accepts applications from adult Belarusians with expired passports, but they remain pending until there is a solution. This practice, according to the Department, cannot be applied in the cases of children born in Cyprus, as they have never been issued a passport by their parents' country of origin, nor can their citizenship be officially confirmed.
The Commissioner points out that, although the requirement to have a valid passport is explicitly provided for by the Aliens and Immigration Law, "the case under consideration highlights the need to assess how this condition is applied in exceptional circumstances where compliance becomes objectively impossible, especially when minor children are affected".
At the same time, it recalls that the United Nations Convention on the Rights of the Child requires that the best interests of children be taken into account in all decisions concerning children, while it also refers to the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, as well as the relevant case law of the European Court of Human Rights and the Court of Justice of the European Union.
Referring to the relevant case law, the Commissioner notes that prolonged administrative uncertainty regarding the residence status may raise issues of effective protection of fundamental rights, while adding that "the existence of objective obstacles to compliance with formal requirements of immigration law does not exempt the administration from the obligation to seek solutions that ensure, in a meaningful way, the best interests of the child".
In her conclusions, the Commissioner finds that "this situation may lead children to a regime of administrative invisibility and prolonged legal uncertainty", which is "incompatible with the obligation of the state to ensure the best interests of the child", adding that "it is imperative to protect the affected persons and find an administrative solution to regulate the residence status of minor children".
She also notes that she does not ignore the position of the Immigration Department that persons who invoke the risk of persecution in their country of origin can apply for international protection even without a valid travel document. He observes, however, that such a choice "may lead to a paradox of family cohesion and a different status for family members".
In her recommendations, the Commissioner calls on the Department of Migration and the Deputy Ministry of Migration and International Protection to consider the adoption of an administrative practice that will allow the effective examination of applications for a residence permit for minors when the presentation of travel documents is objectively impossible.
It also suggests that a special procedure be considered for the regulation of the residence status of children born in Cyprus, the acceptance of alternative evidence of identity and citizenship, as well as the possibility of granting temporary legal residence status until the final settlement of the issue.
Finally, it points out that, in any case, it should be ensured that the pending migration status of minor children does not affect their access to fundamental rights, such as education, healthcare and other basic protection services.
The report, as reported, was forwarded to the Director of the Migration Department and the Deputy Minister of Migration and International Protection, with the Commissioner recommending that her findings be examined in the best interests of the affected children.
