A Cypriot court has rejected an application for legal aid submitted by an applicant seeking to challenge the legality of his detention through a Habeas Corpus procedure, ruling that the request did not fall within the scope of the relevant legislation.
Judge L. Dimitriadou-Andreou issued the decision the same day in relation to an application filed by Brian Ozimba Adi, who requested legal assistance in order to proceed with a Habeas Corpus application.
Claim of financial inability
According to the court file, the applicant stated in writing that he lacked the financial means to appoint a lawyer.
However, the representative of the Attorney General filed an objection, presenting the background of the case and the applicant’s immigration status in Cyprus.
Asylum history and detention background
Court records show that the applicant submitted an international protection request in 2018, which was rejected in 2021 by the Asylum Service.
His subsequent appeal was also dismissed by the International Protection Administrative Court, while a later asylum application was again rejected.
In 2025, he was arrested in Nicosia for illegal stay in the Republic, with detention and deportation orders issued against him.
Previous appeals dismissed
The foreign national challenged the orders before the Administrative Court, but they were upheld in November 2025.
Authorities also carried out periodic reassessments of his detention throughout 2025 and 2026.
Court interpretation of legal aid law
The court examined the provisions of the Legal Aid Law, noting that cases eligible for free legal assistance are exhaustively listed in the legislation.
It further clarified that Habeas Corpus proceedings are considered civil in nature and do not fall under human rights violation procedures that would trigger Article 5 of the law.
Legal status of asylum seeker
The court also examined Article 6B, which provides legal aid for asylum seekers seeking a Habeas Corpus order to challenge detention duration.
However, it ruled that the applicant no longer held asylum seeker status, as his international protection claims had been finally rejected.
Article 6C was also deemed inapplicable, as it relates to appeals against return or removal decisions rather than Habeas Corpus proceedings.
Application dismissed
Concluding its assessment, the court found that the case did not fall under any category eligible for free legal aid and dismissed the application as unfounded.
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