Evaluation of a recent court decision in South Cyprus by an unnamed organization

Kan Azer, on behalf of the Association of Undocumented Persons, said in a written statement that a decision that was made in one of the dozens of cases filed by Turkish Cypriots in the High Court of Southern Cyprus (Case No. 27/2021) has caused misinterpretation in the press.

Azer noted that "in Case No. 27/2021, the issue that was raised before the court is not the immediate civil rights of children born in mixed marriages/relationships." He continued: "To summarize the development and theme of this case, it must be said that the administration of the Republic of Cyprus, as usual, did not give any response to the applications for citizenship submitted by mixed marriages/relationships. On this basis, a lawsuit was filed seeking a declaration that the administration's unresponsive refusal and order to file a response was unlawful (the lawsuit also asserted that the individuals in question were also stateless). In the course of the case, the court first investigated whether the children were stateless, whether their applications for citizenship of the Republic of Cyprus had been refused, and decided that, apart from one, the others were not stateless. The court then pointed out that it was not the competent court to hear cases of the administration's unresponsive refusal to respond to citizenship applications and that this case was within the competence of the administrative court, and decided that the plaintiff's claims were unfounded. "

As pointed out by Can Azer, the court in this case did not make an assessment regarding the civil rights of children born in mixed marriages/relationships and therefore did not decide on this issue.

Azer said that the fact that children may be citizens of the Republic of Turkey (TR) or another country is not a barrier to them obtaining citizenship, which is their right. He said: "Just as a child born of a relationship between a citizen of the Republic of Cyprus and a French citizen receives the citizenship of both parents, a child born of a relationship between a Turkish Cypriot and a foreigner is entitled to the citizenship of both parents (TR or another country). Moreover, the fact that a child is a citizen of TR or another country is a legal obstacle to obtaining citizenship of the Republic of Cyprus. "

Kan Azer said that the Association will continue to fight for its rights using all available democratic means, including actions, negotiations and support for the lawsuits filed.