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CYPRUS’ CANDIDATURE FOR THE SEAT OF THE EUROPEAN ASYLUM SUPPORT OFFICE

CYPRUS’ CANDIDATURE FOR THE SEAT OF THE EUROPEAN ASYLUM SUPPORT OFFICE. Created by: Elena Neocleous, Natasa Andreou. Contributions: Mary Epiphaniou, Andreas Constantinou Coordination: George Georgallis. REPUBLIC. OF CYPRUS. MINISTRY OF INTERIOR.

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CYPRUS’ CANDIDATURE FOR THE SEAT OF THE EUROPEAN ASYLUM SUPPORT OFFICE

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  1. CYPRUS’ CANDIDATUREFOR THE SEAT OF THE EUROPEAN ASYLUM SUPPORT OFFICE Created by: Elena Neocleous, Natasa Andreou. Contributions: Mary Epiphaniou, Andreas Constantinou Coordination: George Georgallis. REPUBLIC OF CYPRUS MINISTRY OF INTERIOR Ministry of Interior Asylum Service October 2009.

  2. CHRONOLOGICAL DEVELOPMENT OF ASYLUM ADMINISTRATIVE STRUCTURES • 2000: ENACTMENT OF THE CYPRUS REFUGEE LAW • 2002: ESTABLISHMENT OF THE REFUGEE AUTHORITY • 2004: ESTABLISHMENT OF THE ASYLUM SERVICE OF THE MINISTRY OF THE INTERIOR (REPLACEMENT OF THE REFUGEE AUTHORITY) • 2004: ESTABLISHMENT OF THE REFUGEE REVIEWING AUTHORITY Ministry of Interior - Asylum Service - 2009

  3. THE ASYLUM SERVICELEGAL FRAMEWORK Ministry of Interior - Asylum Service - 2009 • THE REFUGEE LAW 2000-2007 ESTABLISHES THE PROVISIONS REGARDING THE EXAMINATION OF ASYLUM APPLICATIONS & THE GRANTING OF INTERNATIONAL PROTECTION • EUROPEAN ACQUIS(EU DIRECTIVES & REGULATIONS & DECISIONS OF THE ECHR & ECJ) • INTERNATIONAL CONVENTIONS & TREATIES(GENEVA CONVENTION OF 1951 & 1967 PROTOCOL) • AMENDMENTS OF THE REFUGEE LAW • 2002, 2003, 2004, 2005, & 2007, IN ORDER TO TRANSPOSE THE EU ACQUIS

  4. EU DIRECTIVES TRANSPOSED TO THE CYPRUS REFUGEE LAW Ministry of Interior - Asylum Service - 2009 DIRECTIVE2003/9/EC OF THE COUNCIL LAYING DOWN MINIMUM STANDARDS FOR THE RECEPTION OF ASYLUM SEEKERS (CURRENTLY THERE IS A NEW PROPOSAL BY THE COUNCIL AND THE EU PARLIAMENT FOR AMENDMENT) DIRECTIVE2003/86/ΕC OF THE COUNCIL REGARDING FAMILY REUNIFICATION COUNCIL REGULATION 343/2003 ESTABLISHING THE CRITERIA AND MECHANISMS FOR DETERMINING THE MEMBER STATE RESPONSIBLE FOR EXAMINING AND APPLICATION FOR INTERNATIONAL PROTECTION (CURRENTLY THERE IS A NEW PROPOSAL BY THE COUNCIL AND THE EU PARLIAMENT FOR AMENDMENT)

  5. COUNCIL REGULATION 343/2003 FOR THE ESTABLISHMENT OF EURODAC, TO FACILITATE THE APPLICATION OF THE DUBLIN CONVENTION (CURRENTLY THERE IS A NEW PROPOSAL BY THE COUNCIL AND THE EU PARLIAMENT FOR AMENDMENT) DIRECTIVE 2004/83/EC OF THE COUNCIL ON MINIMUM STANDARDS FOR THE QUALIFICATION AND STATUS OF THIRD COUNTRY NATIONALS OR STATELESS PERSONS AS REFUGEES OR AS PERSONS WHO OTHERWISE NEED INTERNATIONAL PROTECTION AND THE CONTENT OF THE PROTECTION GRANTED COUNCIL DIRECTIVE 2005/85/EC, ON MINIMUM STANDARDS ON PROCEDURES IN MEMBER STATES FOR GRANTING AND WITHDRAWING REFUGEE STATUS (ENACTMENT OF NATIONAL AMENDMENT LAW PENDING) Ministry of Interior - Asylum Service - 2009

  6. THE POLITICAL SITUATION IN CYPRUS AND ITS REPERCUSSIONS TO ASYLUM CLAIMS Apart from its proximity to crisis regions, the problem for Cyprus is intensified due to the specific situation faced by the Government of the Republic of Cyprus, as it continues to be deprived of the possibility to effectively control the part of its territory which remains under illegal military occupation by Turkey. While Cyprus has joined the EU as a whole, the Government of the Republic of Cyprus exercises effective control up to the Green Line (which divides Turkish occupied areas from the areas controlled by the Government of the Republic of Cyprus) while the application of the acquis north of the Green Line has been suspended in accordance with Protocol No. 10 to the Act of Accession 2003. 99% of persons who illegally enter the areas controlled by the Republic, originally enter Cyprus from the occupied territory and then pass to the areas controlled by the Republic, by crossing the green line. 60% of the asylum applications concern persons who enter the areas controlled by the Republic, via occupied territories. Ministry of Interior - Asylum Service - 2009

  7. The great majority of the illegal immigrants apprehended in the Government controlled areas come from Turkey through the areas that are not under the effective control of the Government of the Republic of Cyprus. Also illegal immigrants arrive directly to the occupied areas by boats and speed boats. Based on information gathered by the Cyprus Police, as well as testimonies given by apprehended illegal immigrants they arrive in the occupied areas either by plane through the illegal airport at Tymbou or by illegal ferry lines from Turkey and Syria. (All operating ports in the occupied part of the island were declared by the Government as closed to international traffic in 1974) Ministry of Interior - Asylum Service - 2009

  8. MAIN ROUTES TO CYPRUS VIA TURKEY TURKEY Ministry of Interior - Asylum Service - 2009

  9. DEMOGRAPHIC SITUATION IN CYPRUS POPULATION (government controlled areas, 01.01.2008): 795,000 TURKISH CYPRIOTS (est.): 88,900 THIRD-COUNTRY NATIONALS (valid residence/work permits 14.10.2009): 69,545 EU NATIONALS (31.08.2009): 83,387 Ministry of Interior - Asylum Service - 2009

  10. STATISTICAL DATA – ASYLUM SERVICE 2002 – 31.08.2009 Ministry of Interior - Asylum Service - 2009

  11. NATIONAL ASYLUM STATISTICAL DATA2002-2009 (up to 31.08.2009) Applications: 40260 Decisions: 37408 Refugee status: 241 Subsidiary protection status and humanitarian: 1283 Rejected and Closed files : 36027 Pending for decision: 1711 Ministry of Interior - Asylum Service - 2009

  12. STATISTICAL DATA ABOUT MIGRATION IN THE MEDITERRANEAN ASYLUM APPLICATIONS Since 2006, the group of EU5MED countries (Spain, Italy, Malta, Greece and Cyprus) has seen an increase in the number of asylum applicants. That number has almost doubled, from around 34,000 to slightly more than 61,000. The share of applications from the EU5MED on the total of applications for the EU27 has increased from 17% to almost 26% between 2006 and 2008. Most of the applications are presented in just two of the EU5MED: Italy and Greece. Italy was the second most affected Member State by asylum flows in 2008, right after France, with 31,200 applications. Ministry of Interior - Asylum Service - 2009

  13. Although the absolute numbers put Italy and Greece as the top countries of destination, in relative terms (compared to the population), Cyprus and Malta are much more affected, with around 41 and 18 applications per 1,000 inhabitants for the period 2004-2008. Of the EU5MED, Spain would appear to be the least affected by asylum flows. The number of applications is comparable with the number for Cyprus, which is a much smaller Member State. Ministry of Interior - Asylum Service - 2009

  14. NUMBER OF ASYLUM APPLICANTS IN THE EU5MED Ministry of Interior - Asylum Service - 2009 Source: Eurostat, except Italy for which UNHCR have been used

  15. ASYLUM APPLICATIONS COMPARED TO RESIDENT POPULATION Ministry of Interior - Asylum Service - 2009 * TOTAL OF APPLICANTS 2004-2008 ÷ MID-YEAR POPULATION (2006) X 1000 32874 ÷ 770,900 X 1000 = 42,64

  16. INTRA EU REALLOCATION • Reallocation of beneficiaries of international protection between MS is expected to be one of the most important practical measures towards practical solidarity if this is conducted on a fair and proportional basis. At the moment the Commission is implementing a pilot-programme with Malta. • The value of this measure has been recognized by the European Council of 18th and 19th June 2009, which through its Conclusions called for a coordination of voluntary measures for internal reallocation of beneficiaries of international protection present in the MS exposed to specific and disproportionate pressures and highly vulnerable persons. • As a matter of principle Cyprus and other Mediterranean MS support a more formalized and binding approach to intra-EU reallocation, although we recognize that at present the utmost priority is to start implementing intra-EU reallocation under existing arrangements as early as possible. • Such a mechanism would not act as a “pull factor” as some imply simply because there are no guarantees that it will cover all beneficiaries of international protection. Ministry of Interior - Asylum Service - 2009

  17. BACKGROUND AND SCOPE OF THE PROPOSAL FOR THE ESTABLISHMENT OF EASO The proposal for a Regulation to establish a European Asylum Support Office was adopted by the Commission on the 18th of February 2009 and it is part of the acquis on the Common European Asylum System. If the proposal is adopted by the end of 2009, the Office could be up and running within 2010. Increase of convergence of member states’ decision-making procedures – common EU legislative framework – practical cooperation For MS which are faced with specific and disproportionate pressures on their national and reception asylum systems, due in particular to their geographical or demographic situation, the Office should support the implementation of solidarity mechanisms inter alia to promote, on a voluntary and coordinated basis, a better reallocation of beneficiaries of international protection from such MS to others, while ensuring that asylum and reception systems are not abused. Ministry of Interior - Asylum Service - 2009

  18. Close cooperation with ms competent authorities and with UNHCR THREE MAJOR TASKS: (a) contributing to the implementation of CEAS (b) supporting practical cooperation among ms on asylum (c) supporting MS subject to particular pressure STRUCTURE OF THE EASO: (a) Management Board (b) Executive Director (c) Working Parties (not finalized) (d) Consultative Forum (not finalized) Ministry of Interior - Asylum Service - 2009

  19. WHY AND HOW CYPRUS WILL BENEFIT FROM THE EASO? FOR CYPRUS THE ESTABLISHMENT OF EASO IS AN ISSUE OF PRIORITY, GIVEN THAT CYPRUS IS FACED WITH SPECIFIC & DISPROPORTIONATE PRESSURES DUE IN PARTICULAR TO ITS GEOGRAPHIC LOCATION & POLITICAL & DEMOGRAPHIC SITUATION CYPRUS IS GEOGRAPHICALLY CLOSE TO COUNTRIES WHICH PRODUCE BENEFICIARIES OF INTERNATIONAL PROTECTION DUE TO POLITICAL INSTABILITY. MAJORITY OF ASYLUM SEEKERS ARRIVING FROM THE AREASNOT EFFECTIVELY CONTROLLED BY THE REP. OF CYPRUS DUE TO THE TURKISH OCCUPATION (PORTS, CEASE FIRE LINE) Ministry of Interior - Asylum Service - 2009

  20. THE EASO WILL COORDINATE AND SUPPORT CYPRUS ASYLUM SYSTEM WHICH FACES PARTICULAR PRESSURES THE EASO WILL FACILITATE CYPRUS ON THE INITIAL ANALYSIS OF ASYLUM APPLICATIONS UNDER EXAMINATION THE EASO WILL COORDINATE ACTION IN ORDER TO ENSURE THAT APPROPRIATE RECEPTION FACILITIES WILL BE MADE AVAILABLE (EMERGENCY ACCOMMODATION & TRANSPORT) DEPLOYMENT OF ASYLUM SUPPORT TEAMS (TECHNICAL OR OPERATIONAL) IN ORDER TO DEAL WITH DISPROPORTIONATE PRESSURES – BURDEN SHARING & SOLIDARITY THE EASO WILL ASSIST & COORDINATE THE RESETTLEMENT PROGRAMMES OF BENEFICIARIES OF INTERN. PROTECTION. Ministry of Interior - Asylum Service - 2009

  21. WHY AND HOW EU MEMBER STATES WILL BENEFIT FROM THE ESTABLISHMENT OF THE EASO IN CYPRUS? THE ASYLUM SITUATION IN CYPRUS REPRESENTS A PRIME EXAMPLE OF HOW EASO MISSION COULD BENEFIT MS CYPRUS IS AT THE BORDERS OF THE EU, A MEDITERRANEAN MS, NEAR MIDDLE EAST & AFRICA . THEREFORE THE FIRST TO RECEIVE BENEFICIARIES OF INTERNATIONAL PROTECTION BEFORE THEY ARRIVE TO THE REST OF THE EU THE DEPLOYMENT OF EXPERTS TO UNSTABLE REGIONS WILL BE EASIER FROM CYPRUS DUE ITS GEOGRAPHICAL LOCATION. THIS WILL BENEFIT THE OPERATION OF REGIONAL PROTECTION PROGRAMMES CYPRUS HAS TRADITIONALLY ASSISTED AND EXTENDED HOSPITALITY TO PEOPLE IN NEED OF PROTECTION, FLEEING FROM CRISIS AREAS (e.g. LEBANON, PALESTINIAN TERRITORIES, IRAQ, etc) Ministry of Interior - Asylum Service - 2009

  22. WHY THE EU EXPERTS WILL BENEFIT FROM THE ESTABLISHMENT OF THE EASO IN CYPRUS - FACILITIES AND SERVICES IN CYPRUS EASO EXPERTS GRANTED WITH PRIVILEGES AND IMMUNITIES OF DIPLOMATS EASY AIR-TRANSPORT TO/FROM BRUSSELS AND TO MOST EU CAPITALS EASY AIR-TRANSPORT TO THE MIDDLE EAST AND AFRICA HIGH LEVEL OF MULTILINGUAL, EUROPEAN-ORIENTED SCHOOLING EXCELLENT HOUSING FACILITIES FOR EASO STAFF ACCESS TO HIGH STANDARD MEDICAL CARE EFFICIENT LAND TRANSPORT CONNECTIONS HIGH STANDARD OF LIVING ADVANCED TELECOMMUNICATIONS NETWORK EFFICIENT LEGAL, ACCOUNTING AND BANKING SERVICES Ministry of Interior - Asylum Service - 2009

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