clr/1989/1989_3A_210.pdf

(1989)19S9Februarv IS [DEMETRIADES.J ] INTHE MATTER OFARTICLE 146OFTHE CONSTITUTION ANNA CHRI5TOFOROU, Applicant, \ THE REPUBLIC OF CYPRUS.THROUGH THE MINISTER OF FINANCE AND ANOTHER. Respondents (CaseNo 669/S7) Reasoning of anadministrative act—Lack of— Groundof annulment Applicant stayed in England for more than 10continuous years She returned to Cyprus upon her mamage with a Cypnot She applied for a duty free importation of a motor car Her application was rejected 5 because"herabsencefromCyprusdidnotconstitutepermanent residence abroad for a continuous period ofat least 10years before her arrival for settlement" As no reasons were given by the respondent for reaching the 10 conclusion thattheapplicant hadnotbeen permanently settledabroad for a continuous period of 10years,thesubjudice decision wasannulled Subjudicedecisionannulled.No orderas tocosts Recourse. Recourse against the refusal of the respondents to allow applicanttoimportamotorvehiclefreeofduty. 20 G.TnantafyHides,fortheApplicant 210 15 3 C.L.R. Christoforou v. Republic & Another St. TheodouJou, Counsel of the Republic B. for the Respondents. Cur. adv. vult. 5 DEMETRIADES. J. read the following judgment. By her recourse the applicant challenges the refusal of the Director of the Department of Customs and Excise, dated the 27th July, 1987,to allowherto import amotor vehiclefree of dutv. 10 Thefacts ofthecaseare.in anutshell,the following: The applicant and her family come from Famagusta where they liveduntil theTurkish invasion inAugust

1. Following 15 theTurkish invasion,theapplicant'sfamilybecamerefugees and they decided to leave Cyprus and go and live permanently in England. After they left Cyprus,they stayed for a short time in Greece and then they moved on to England where the family took up employment and have since been living there. The 20 applicant wasatthetime 11years old. The applicant remained in England until February, 1986 when,followinghermarriagetoaCypriot,shedecidedto return to Cyprus forpermanent settlement. 25 On the 8th September, 1986, the applicant applied to the respondent Director for relief under Item
2. sub-heading 19 of the Fourth Schedule to the Customs and Excise Duties Law 18/78,asarepatriated Cypriot who,after permanent settlement 30 abroadfor atleast 10years,wasentitledtotheimportation of a motor vehicle. The respondent Director,byletter datedthe27th July,1987, rejected the application of the applicant. 35 Itisnotindisputethatthefamily oftheapplicantstilllivesin Englandhavingpermanently settledthereandthattheycarryon thebusiness ofpublicans. Itisalsonot in disputethat the father of the applicant has been a contributor to the social security 40 system of Englandsince 1975 andthat hehasbeen payingsince that yearnot onlysocial security contributions but also income tax. 211 Demetriades,J. Christoforou v.Republic &Another

(1989)As it appears from the facts in support of the opposition to the recourse of the applicant, she remained in the United Kingdom as from the 28th September. 1974 until the 6th February. 1986 and during her stay there and until 1980 she attended school. Whilst there she was included on the passport 5 of her motheruntil 1977 when she acquired herown. which was issued by the Consular Office of the Republic of Cyprus in London. Inbothpassports itappears thatshewas residing inthe United Kingdomonanonpermanentresidencebasisuntilthe4th January,

1. On the 25th March, 1985, she acquired British 10 nationality andon the 30th September,
2. aBritish passport. She returned to Cyprus after she got married to a resident of Cyprus. Theissuesthatareraised intheseproceedings arewhetherthe 15 respondent Directoractedin abuse ofhispower and/orinexcess of it. whether his decision was duly reasoned, whether it was taken under a misconception of the facts, and whether he was wrong in deciding that the applicant hadnot been permanently residing abroadfor aperiod of atleast 10yearsbefore herreturn 20 to Cyprus. The decision of the respondent director is dated, as I have already said,the27thJuly. 1987 anditisintheform of acircular. The relevant part of itreads as follows: 25 "Η απουσία σας από την Κύπρο δε συνιστούσε μόνιμη εγκατάσταση στο εξωτερικό για συνεχή περίοδο τουλάχι­ στο δέκα χρόνωνπριναπότηνάφιξησαςγιαεπανεγκατάσταση." 30 ("Your absence from Cyprus did not constitutepermanent residence abroad for acontinuousperiod of at least ten years before your arrival for resettlement.") 35 No reasons were given by the respondent Director for reaching his decision that the applicant had not permanently resided abroadfor a continuousperiod of at least ten years and none appears in the record before me. Inthelight of this,I find that the present recourse must succeed as it is not at all and/or 40 duly reasoned. 212 3 C.L.R. Chrisloforou v.Republic &Another Demetriades, J. in the result,the decision of therespondents isannulled but. in the circumstances, there will beno order asto costs. Subjudice decision annulled.No orderastocosts. 213