CAT/C/CYP/CO/4 Committee is concerned that, at present, asylum seekers are not legally protected against refoulement during the judicial review process and that there is no effective judicial remedy with automatic suspensive effect to challenge the deportation of asylum applicants and undocumented immigrants, as indicated by the European Court of Human Rights in its judgement in the case of M.A. v. Cyprus of 23 July 2013 (arts. 2 and 3). The State party should abide by its commitment to provide for an effective judicial remedy with automatic suspensive effect of the deportation of asylum seekers and other undocumented immigrants, through a court that satisfies the requirements of due process with competence to look into the merits of appeals. Non-refoulement 13. The Committee is greatly concerned at the low recognition rates of refugee status and subsidiary protection status, as well as by reports alleging that asylum seekers have been deported to their countries of origin despite serious risks of torture or religious persecution, such as persons of the Baha’i faith deported to the Islamic Republic of Iran. Moreover, the Committee observes with concern that the amended section 19, paragraph 7, of the Refugee (Amending) Law No. 2 of 2013 no longer protects from refoulement persons granted subsidiary protection status, including persons granted such status on account of a real risk of being subjected to torture (arts. 2 and 3). The State party should amend section 19, paragraph 7, of the Refugee (Amending) Law No. 2 to ensure that beneficiaries of subsidiary protection are protected from unwarranted refoulement. The State party should also ensure that the asylum claims are thoroughly and individually examined and allow sufficient time for asylum seekers to fully indicate the reasons for their application and obtain and present crucial evidence. Beneficiaries of subsidiary protection should be able to have their cases re-examined before the subsidiary protection ceases. Legal aid for asylum seekers and undocumented immigrants 14. The Committee is concerned that asylum seekers do not have access to legal aid at the first instance administrative level of the asylum process. The Committee also notes with concern that asylum seekers and undocumented immigrants, including unaccompanied minors, can have access to legal aid to challenge their deportation and detention orders only if they are able to argue before a legal aid judge of the Supreme Court that they have good chances of success because of “blatant illegality” or “irreparable damage”. The Committee considers that the criteria for legal aid are overly restrictive for asylum seekers and undocumented immigrants and place them at risk of unwarranted refoulement and illegal detention (arts. 2 and 3). The State party should amend the Refugee Law and the Law on Provision of Legal Aid in order to guarantee access to independent, qualified and free-of-charge legal assistance for asylum seekers during the entire asylum procedure, at first instance level and during the judicial review, as well as for undocumented immigrants, including unaccompanied minors, in addition to the appointment of a guardian, in order to challenge the lawfulness and duration of their deportation and detention orders. Detention conditions 15. The Committee appreciates the remarkable reduction of overcrowding in the prison system, from an overpopulation of 204 per cent in 2012 to 114 per cent in April 2014. Moreover, the Committee commends the undertaking of the President of the Republic to reform effectively the prison system and replace the overcontrolling approach with a 6