(1987)1987 November 30 [STYUANIDES J ) INTHE MATTER OFARTICLE 146OFTHE CONSTITUTION NADINEPLUMBLEY, Applicant, THE REPUBLIC OFCYPRUS THROUGH THE MINISTEROF INTERIOR Respondents (CaseNo 234/87} Constitutional Law — Constitution Art 14— Decision refusingapplicant sentry into the Republic — Applicant, who wasa foreigner, celebratedin Cyprus a lawful marriage and thereafter acquired the citizenship of the Republic — Decision contrary toArt 14 ofthe Constitution whichprovides thatnocitizen shall be banished or excluded from theRepublic b Citizenship — The Republic of Cyprus Citizenship Law 43/67— Whena Cypnot citizen ceases to be such — Renunciation undersection 7— Depnvation by order of Council of Ministers The factsof this case sufficientlyappear in the Judgmentof the Court Subjudice decision annulled 10 No order as to costs Recourse. Recourse against the decision of the respondent to refuse applicant entry intothe Republic on grounds of public interest Ν L Clendes, forthe applicant 15 D Papadopoulou (Mrs),forthe respondent Cur adv vult STYLIANIDES J read the following judgment The applicant by means of thisrecourse seeks the annulment of the decision of 2036 3 C.L.R. Plumbley v. Republic Slyllanldes J . the Chief Immigration Officer torefuse theapplicantentryintothe Republic on grounds of public interest. The applicant, who is not of Cyprus origin, in June 1966 contracted a civil and ecclesiastical marriage with Mr. 5 Constandinos Delias, a citizen of the Republic of Cyprus. Outof this marriage a child was born on 7/6/67. The marriage was dissolved, but the applicant continued tolivein this country. On 12/7/80 she married to another Cypriot. namely Costakis Kypreos. 10 In 1982 she, in conformity with s. 5
(2)of the Republic of Cyprus Citizenship Law. 1967, (Law 43/67), applied and was registered as a citizen of the Republic. InAugust 1985she left for the United Kingdom. On 25/11/86 she decided toreturn to Cyprus. 15 On 8/1/87 applicant through her counsel applied to the Chief Immigration Officer onthesubject ofherreturntoCyprusand the lattertookthesubjudicedecision, whichhecommunicated to her counsel on 16/1/87. From the aforesaid citation of the facts it is plain that the 20 applicant, who Was a foreigner, celebrated in Cyprus lawful marriage with a Cypriot citizen. She thereafter acquired the citizenshipof a Cypriot. ACypriot citizen may cease to be such either by renunciation asprovided ins.7,orbydeprivation ofthecitizenshipbythe order 25 of the Council ofMinisters. The applicant continues to be a citizen of the Republic, as she neither renounced her Cypriot nationality, nor she was deprived of itby order of the Council of Ministers. Itmay be noted that an order of the Council of Ministers issubject to judicial control by 30 this Court. Article 14 of *ieConstitution provides that no citizen shall be banishedorexcluded from theRepublicunderanycircumstances. Any Law pre-existing the establishment of the Republic inconsistent with the above constitutional provision has not 35 survived underArticle 188of the Constitution. 2037 Styltanides J. Plwnbley v.Republic
(1987)The Constitution isthe supreme Law and all authorities of the Republic are bound tosecure, within the limitsof their respective competence, the efficient application of the provisions of Part II Fundamental Rightsand Liberties. The sub judice decision is plainly contrary to the Constitution and not valid. 5 Thesubjudice decision ishereby declared nulland voidandof no effect. Recourse succeeds. No orderastocosts. 2038 10