Balalas and Balala v Republic of Cyprus

• Jurisdiction: Chipre
• Date: 22 October 1987
• Court: Supreme Court (Cyprus)

Cyprus, Supreme Court.

(Loris J)

Balalas and Balala

and

Republic of Cyprus

Aliens Expulsion Discretion of host State to order expulsion of alien from its territory Admission Whether State required to admit alien husband to reside with wife national of the State Whether alien husband gains nationality of State by marriage The law of Cyprus

Summary: The facts:Mr Balalas, a Greek national, had entered Cyprus for the first time in 1967 and had married a Cypriot national. In 1970 he was deported from Cyprus as a result of frequent complaints to the police regarding his behaviour towards his wife and his long-term unemployment. He was classed by the Cypriot authorities as barred from entering Cyprus in the future.

After several requests to remove the bar against him entering Cyprus this was done in 1971. He re-entered Cyprus, divorced his first wife and married the second applicant, a Cypriot national. In 1982 he was again deported for the same behaviour that had led to his first deportation and was again barred from entering Cyprus. He protested against this decision and requested a permit to re-enter Cyprus. He was informed that his request had been rejected on public interest grounds. In 1984 a further request was made by Mr Balalas for permission to enter Cyprus. As before, the request was rejected on the basis that his presence in Cyprus was undesirable. Mr Balalas challenged the refusal to allow him to enter Cyprus.

Mr Balalas maintained that he had become a native of Cyprus through his marriage to a Cypriot and could not be excluded from Cyprus. He also claimed that the law which granted nationality to an alien wife of a Cypriot husband was applicable to alien husbands married to Cypriot wives. He claimed that any ruling to the contrary would be unconstitutional.

Held:The recourse was dismissed.

(1) The rejection of Mr Balalas' request to re-enter Cyprus was simply a reaffirmation of the decision to deport Mr Balalas in 1982. It was not an executory decision and therefore the recourse could not be successful (p. 129).

(2) Judicial precedent had established that the law which provided that an alien wife married to a Cypriot was a native of Cyprus could not extend to an alien husband (p. 130).

(3) Under international law, the admission of aliens was a matter within the absolute discretion of the State (p. 130).

The text of the judgment of the Court commences on the opposite page.

Applicant No. 1, a Greek National, arrived in Cyprus for first time on...