H.S. AND OTHERS v. CYPRUS JUDGMENT
5
26. The applicant submitted that he did not receive the decision of the
Reviewing Authority but had only heard that his asylum file had been
closed. He was therefore not able to appeal.
27. The Government submitted that a letter was sent on 10 May 2010 by
double registered mail (registered mail with proof of delivery) to the address
given by the applicant. The letter had been returned. They provided a copy
of the receipt on which it was noted “insufficient address.”
3. Application no. 41793/10 – F.T. v. Cyprus
28. The applicant, who is a Syrian national of Kurdish origin, was born
in 1972 in Syria.
29. In his application form to the Court the applicant submitted that he
had converted to Christianity. In 2003 he was detained by the Syrian police
and was accused of organising a church congregation (organising people for
church). During his detention, which lasted two days, he was tortured by
police officers. He did not confess that he had changed religion but told
them that he had been going to church to give music lessons. He was
arrested again on 12 March 2004 and detained for five days during which he
was subjected to torture. After he was released he was told that he would be
contacted again. For this reason he started travelling around Syria but never
staying in places where too many Kurds lived.
30. The applicant left Syria on an unspecified date in 2005. Although he
had left legally, he had bribed a police officer at the border to let him go
through. The applicant entered Cyprus illegally after travelling from
Turkey.
31. He applied for asylum in Cyprus on 11 May 2005.
32. Following an interview on an unspecified date, his application was
dismissed on 16 August 2008 on the ground that he did not fulfil the
requirements of the Refugee Law of 2000-2005 (as amended up to 2005; see
paragraph 20 above). The Asylum Service held that the applicant’s claims
and his alleged fear of persecution on return to Syria were not credible. It
noted in this respect that the applicant had been able to obtain a passport
lawfully and to leave Syria, that there had been discrepancies between his
asylum application and his interview, concerning the grounds for which he
had alleged left Syria, and that the applicant lacked basic knowledge of the
Christian religion.
33. On 12 September 2006 the applicant lodged an appeal with the
Reviewing Authority against the Asylum Service’s decision.
34. It appears that on 17 October 2006 the applicant applied for a
temporary residence permit.
35. On 20 March 2007 the decision was upheld and the appeal
dismissed.
36. The Reviewing Authority, referring to the Asylum Service’s
decision, held that there had been discrepancies in the applicant’s account of