THE government insists on deporting a Serbian family who were legally resident in Cyprus for 10 years, despite an Ombudsman’s report recommending it reverse the decision and a two-and-a-half year old EU Directive codifying the rights of long-term residents in member states.
Although the case is pending in the Supreme Court and an application made with the European Court of Human Rights (ECHR), the authorities went ahead and arrested Milos Dejic, who will have to spend two weeks in prison until the court hearing on April 26.
Milos and Jelena Dejic arrived on the island 11 years ago, taking up skilled jobs as a typographer and nurse respectively. They were legally resident on the island until September 2004 when their residence permits expired.
Cyprus has until next January to adopt and enforce the EU Directive, agreed by the EU Council in November 2003, granting third country nationals who have stayed over five years in a member state a long-term residence permit which can be renewed automatically on application every five years. The directive gives increased protection against deportation, securing the rights of long-term residents from non-EU countries.
The Serbian couple have been working in skilled jobs since they arrived on the island and now have a five-year-old son, born in Cyprus, who attends a state school and speaks only Greek.
In the last decade, the Dejic family have built their home in Cyprus. In 2003, they applied for citizenship after eight years legally residing in the country and were rejected. Since September, the couple have been living under the threat of deportation.
According to the couple’s lawyer, Christos Clerides, Immigration first arrested Milos last month, only releasing him after he pledged to leave the country.
On his release, he reported the case to Ombudswoman Iliana Nicolaou who investigated in her capacity as anti-discrimination officer. On March 17, she submitted her report to the Immigration Department recommending the deportation order be re-examined.
Nicolaou highlighted that the couple had lived many years in Cyprus, and, along with the son, had fully integrated into society, making it their home. She noted that the two were skilled workers who did not constitute a financial burden on society.
She also concluded that the Cyprus Republic had contributed to the problem by letting them stay for over 10 years.
The Immigration Head Anni Shakalis and Interior Minister Andreas Christou refused to re-examine the case, saying the couple should be grateful they had been allowed to stay as long as they did, according to lawyer Clerides. “They completely ignored the human side of the story,” said Clerides.
Four days later, the couple’s lawyer sent an application to the ECHR which responded immediately by appointing a rapporteur to investigate and asking the government to give its position by April 12. “The government responded that the couple still had the option of redress in the Cyprus courts, and as such avoided going into any details,” said Clerides.
On March 24, new deportation and arrest warrants were issued for the family, despite the application to the ECHR. Clerides immediately applied for a review of the order in the Supreme Court set for April 13. Last Tuesday, a day before the hearing, immigration arrested Milos at work, but not the wife and child, and took him to the Central Prison.
The authorities agreed to suspend the deportation order until the review could be heard by the Supreme Court, but not the arrest warrant. Now, Milos must stay in prison until April 26 when the court will hear the reasons for his detention and decide whether to suspend his arrest warrant or not.
Meanwhile, a review of the actual case may not be heard for months, depending on the Supreme Court schedule.
“They are doing it on purpose to try and break him. They (Christou and Shakalis) are being stubborn and their actions are unjustifiable. The Ombudswoman herself concluded that they are not a burden on anyone, not involved in crime, fully integrated in society, and have a child who only speaks Greek,” said Clerides.
The lawyer said he suspected ulterior motives were at play, given the approaching deadline of the EU law on long-term residents. “They are trying to kick out immigrants before then. It’s very bad. The problem is that in criminal cases, police must justify detention after 24 hours. With foreigners, immigration can detain them indefinitely.”
The couple now have a choice. They can withdraw the court review and get put on a plane immediately. Or, if the court suspends the arrest warrant, they can stay in Cyprus pending trail which could be any time in the coming months.
If the court finds that the deportation order was arbitrary, it will annul the deportation order and send it back for re-examination. If the court rules there was wrongful deprivation of their liberty, the family are due compensation. “If not, then we will go on to the ECHR which may rule that this order violates the couple’s right to a home,” said Clerides.
The House Human Rights Committee is scheduled to discuss the rights of long term residents of third country nationals today.
The Interior Minister was unavailable for comment yesterday.
The Cyprus Mail spoke to Jelena to hear her side of the story.
“We have been here legally for 10 years. I had to stop work despite my employers trying their best to keep me on. I am a nurse and my husband a typographer. We have never been a burden on the state; we are not taking jobs from anyone. There is even a shortage of nurses in Cyprus,” said Jelena.
“We have a five-year-old son who has never left Cyprus. He goes to school here. When we speak to him in Serbian, he answers in Greek.”
The ordeal is taking its toll on the child who notices the absence of his father and hears about the case in school.
“I don’t understand why they are treating us like this? My son asks me where is my daddy, is he in jail? He hears things from school, and asks ‘Mummy, we are not leaving Cyprus are we?’”
Jelena came to Cyprus as a 23-year-old and feels she has built a home here now. If they have to leave, she doesn’t know where to go.
“I respect the laws of Cyprus but I want understanding that after so many years, I don’t know where to go. … I came here 11 years ago, grew up here, all my friends are here, spent good years here, it is my home now. I am not accusing anyone, I just want some understanding.”
