Asylum and international protection in Estonia

International protection covers refugee status, for a well-founded fear of persecution because of race, religion, nationality, political opinion or membership of a particular social group, and subsidiary protection, for people facing a real risk of serious harm such as the death penalty, torture or indiscriminate violence in armed conflict. Estonia has been party to the 1951 Refugee Convention and its 1967 Protocol since 1997.

A claim can be made to a border guard at any border crossing point before entry, which is the route for people without a valid visa, travel document or residence permit. Someone already in Estonia goes to any PBGB service point; in Tallinn only the Northern Prefecture service point at Pärnu mnt 139 accepts applications. Official PBGB pages describe these two routes and do not offer applications at Estonian embassies abroad.

Once a person asks for protection, the PBGB registers and lodges the application on the same day and at the same place. Fingerprints and a photo are taken, identity and travel documents are requested, personal details, contact information and family members in the EU+ area are recorded, and belongings may be searched; a medical check may be required. The applicant receives a document confirming applicant status, which must be carried at all times. Failing to complete lodging without a reason beyond one’s control means the application is treated as withdrawn.

Under the EU asylum and migration management rules (AMMR, the successor to Dublin), the PBGB then determines which EU+ country is responsible, based on family members, visas or residence documents issued, earlier entries, previous applications and diplomas from other EU+ countries; applicants cannot choose the country. Some files go through an admissibility check of up to two months, for example when protection was already granted elsewhere or a safe third country can readmit the person.

Each adult is interviewed separately, in person or exceptionally remotely, with an audio recording; children are given the chance to be heard. Missing the interview or refusing to answer without a serious reason leads to the application being treated as withdrawn. The standard procedure should be completed within six months of lodging and no later than 21 months. An accelerated procedure of up to three months is used for likely unfounded claims, for example from a safe country of origin or where false information was given. A border procedure can last up to 12 weeks, during which the applicant is not allowed into the territory.

Beneficiaries of international protection receive a temporary residence permit, which the PBGB says is valid for up to five years, and an extension can be filed once less than four months of validity remain, by appointment; the PBGB decides within three months and no later than 10 days before expiry. A family member can obtain a residence permit on the written invitation of a beneficiary living in Estonia; it is valid until the beneficiary’s permit expires and is extended with it. Temporary protection, valid for up to a year, applies only in mass-influx situations such as the one for Ukrainian citizens.

Applicants may stay in Estonia while their claim is examined and receive reception support and services; the Vao accommodation centre for asylum seekers in Lääne-Viru County is listed by the PBGB. Interpretation is free, and a male or female interpreter and interviewer can be requested where possible. Free legal counselling is available throughout, and a legal adviser is provided free of charge after lodging for those without means. Applicants can contact UNHCR and organisations such as the Estonian Human Rights Centre and the Estonian Refugee Council (Eesti Pagulasabi) at any stage. Special needs, for example pregnancy, illness or experience of violence, should be reported early.

The decision is delivered in writing by post, electronically or in person, with the outcome explained in a language the applicant understands. A negative decision states the reasons and includes a return decision. It can be appealed to a court within the period stated in the decision; claims are filed with the Tallinn Administrative Court, and a free legal adviser can help. If the claim and the appeal are rejected and there is no other right to remain, the person must leave Estonia by the given date. Voluntary return can be requested at any time through the PBGB.

PBGB: Pärnu mnt 139, 15060 Tallinn; state helpline 1247; emergency 112; documents for an asylum file can be e-mailed to asylum.list@politsei.ee. UNHCR’s office covering Estonia is in Stockholm, and its help pages are at help.unhcr.org. The PBGB also lists the Estonian Human Rights Centre in Tallinn for counselling and state legal aid for free legal assistance.