Following a wave of citizenship revocations, primarily involving foreign investors who acquired Cypriot citizenship under the Cyprus Investment Programme (CIP), numerous administrative recourses have been filed with the Administrative Court of Cyprus challenging these decisions.

Applicants often seek interim relief, requesting a suspension or postponement of the revocation’s execution until the Court has the opportunity to rule on the legality of the contested act and issue a final decision. Such relief is necessary to preserve the affected persons’ legal status pending judicial review. Recent case law has provided important clarifications on the availability and scope of such relief, reinforcing the role of interim measures in safeguarding applicants’ rights. In this article we review the main aspects of interim orders in citizenship revocation proceedings and highlight the key takeaway.

Interim Relief in Administrative Recourse Proceedings

The Administrative Court may suspend the implementation of an administrative act, including decisions revoking citizenship, pending the adjudication of the recourse. Interim relief is neither granted automatically with the filing of a recourse nor as of right; applicants must satisfy specific legal conditions that have been developed over several decades in administrative law.

Interim relief may be granted if the applicant satisfies at least one of the following grounds:

• Risk of Irreparable Harm: The applicant must demonstrate that, without interim relief, they would suffer harm that cannot be remedied even if the recourse is ultimately successful.
• Manifest Illegality: The applicant must show that the contested decision is prima facie unlawful, meaning that its illegality is evident from the administrative act itself, without requiring extensive or detailed examination of conflicting facts.

Even where one or both grounds are satisfied, the Court may still weigh the public interest against the applicant’s private interest before granting interim relief.

Interim Relief in Citizenship Revocation Proceedings

Although interim relief in administrative proceedings is well established in Cypriot case law, its application to citizenship revocation cases has been the subject of recent judicial clarification.

The Courts have now confirmed that they have jurisdiction to review revocation decisions, rejecting earlier arguments that such matters fell outside their authority as acts of government. Furthermore, the Courts have affirmed that citizenship revocation decisions may be the subject of interim relief where justified, rejecting claims that the nature of the administrative act prevents the Court from suspending the execution of the revocation decision.

While applicants need only satisfy one of the two legal grounds - either irreparable harm or manifest illegality – recent case law also underscores that obtaining interim relief remains challenging due to the high threshold required for establishing either ground, as indicated by existing case law. The Courts have reiterated that issuing a suspension is a matter of judicial discretion and that interim orders should be granted only when clearly warranted under the law.

These developments highlight the need for applicants to act promptly and with precision, particularly for foreign investors whose legal status and rights in Cyprus may be significantly affected. As the jurisprudence continues to evolve, it provides greater clarity on the conditions under which interim relief may be granted, offering valuable guidance to legal practitioners and affected individuals.

Our team is dedicated to providing comprehensive legal support to ensure the best possible outcomes for our clients. We are well-equipped to handle any issues arising from these matters, with an extensive and proven track record. If you require legal assistance regarding citizenship revocation, please do not hesitate to contact us.

For more information on the legal framework governing citizenship revocations in Cyprus, read our articles:

• Recent Developments in Revocation of Cyprus Citizenship for Foreign Investors
• Guide to AG Collins’ Opinion on Malta’s Citizenship by Investment Program: Key Legal Considerations
• A Practical Guide to Administrative Law in Cyprus