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Cyprus / Supreme Court / 1582/2008

Thadd Correia, Savvas Savva v The Republic of Cyprus, through the Director of the Civil Registry and Migration Department

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
22/07/2010

Key facts of the case:

The claimants, a Cypriot and a Canadian man who were married in Canada, moved permanently to Cyprus. The Cypriot man addressed the Migration Department of the Republic with two letters asking for the necessary actions to be taken for ensuring his husband’s residence in Cyprus under this status and not under the visitor’s status, having various legal restrictions as a consequence. Thus, it was requested by the Cypriot man for his husband Mr. Correia to be granted a long-term resident permit along with a labour permit. The Migration Department’s response to the claimant was that Mr. Correia, should satisfy the conditions provided in the Foreigners and Immigration Law, (Article 105), in order to receive a residence permit as the foreigner is not considered to be a member of the family of a Cypriot citizen since their marriage is not recognized by the Cyprus law. The context of the above response was challenged before the Supreme Court since it was considered by the claimants as a rejection in granting residence permit to the foreigner as a member of the family of the Cypriot citizen. Results (sanctions) and key consequences or implications of the case: The appeal was rejected due to the lack of legitimate privilege and because the action was only informative. Besides the reasons of the rejection, the Court considered right to add comments regarding the substance of the case, coming to the conclusion that since the case law of the European Court of Human Rights permits the Member States to treat the issue of marriage based on their own laws, the claim of the claimants is also in regards to substance unfounded.