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ESTONIAN MIGRATION FOUNDATION
EUROPEAN MIGRATION NETWORK
THE PRACTICES IN ESTONIA CONCERNING THE
GRANTING OF NON-EU HARMONISED
PROTECTION STATUSES
TALLINN
SEPTEMBER 2009
2
TABLE OF CONTENTS
SUMMARY ............................................................................................................................... 3
1. INTRODUCTION .............................................................................................................. 5
1.1. Methodology ................................................................................................................ 6
2. PROTECTION STATUSES GRANTED IN ESTONIA ................................................... 6
2.1. Protection statuses in accordance with the European Union legislation ..................... 6
2.2. National protection statuses ......................................................................................... 8
3. PROCEDURE FOR GRANTING PROTECTION AND GRANTED RIGHTS ............... 9
4. STATISTICS ....................................................................................................................... 22
USED LITERATURE .............................................................................................................. 25
ANNEXES ............................................................................................................................... 27
3
SUMMARY
An important era in Estonian refugee policy started in 1997 when Estonia joined the 1951
United Nations Convention relating to the Status of Refugeesand the United Nations Protocol
relating to the Status of Refugees of 31 January 1967. The same year the Refugees Act was
passed and entered into force, being the first legal act regulating the legal status of asylum
seekers and refugees and the bases for their stay in Estonia. Before passing of the mentioned
Act, refugees were legally equivalent to aliens who arrived to or stayed in Estonia illegally.
Although legally illegal, the refugees were accepted and minimum assistance was provided to
them. Many refugees who arrived in Estonia were received by Finland, thus they were not
sent back to their country of origin.
Since 2006 the issues of asylum are regulated in Estonia by the Act on Granting International
Protection to Aliens (hereinafter AGIPA), which includes principles arising from the UN
Convention Relating to the Status of Refugees and the United Nations Protocol relating to the
Status of Refugees of 31 January 1967 as well as requirements arising from the Directives of
the European Union (hereinafter the EU). The AGIPA transposes five Directives of the
Council of the EU: Directive of reception of asylum-seekers (2003/9/EC); Directive on
temporary protection (2001/55/EC); qualification Directive (2004/83/EC); procedure
Directive (2005/85/EC) and the refugees’ part of the family reunification Directive
(2003/86/EC).
The AGIPA provides the basis and conditions for granting international protection. Section
1(2) of the AGIPA stipulates granting international protection to an alien with regard to whom
refugee status or subsidiary protection status is established or to an alien with regard to
whom it is established that he or she belongs to the category of persons in need of temporary
protection as defined in a decision of the Council of the EU. Thus the types of protection
granted in Estonia are in accordance with the protection statuses established in the EU
Directives and Estonia has not nationally extended the circle of persons needing protection.
In Estonia, establishing additional protection status (e.g. protection on humanitarian grounds)
has not been discussed. Due to the very low number of asylum seekers, Estonian authorities
currently do not see the need for additional types of protection.
4
Comparing to several other EU countries which annually receive thousands of asylum
applications, the number of asylum seekers in Estonia is very small. From the year 1997 to 30
June 2009 in total 148 persons have applied for asylum in Estonia. In an average 7 to 15
applications have been submitted in a year, except in 1998 and 1999 when 23 and 21
applications were submitted, respectively. The status of international protection has been
granted to 23 persons since 1997: 11 persons have been recognized as refugees and 12
persons have received subsidiary protection.
In addition to the aforementioned status of protection the Aliens Act provides for special
cases of granting residence permit to the victims of human trafficking. On 01.02.2007
amendment of the Aliens Act entered into force providing for the possibility of granting
temporary residence permits to victims or witnesses in crimes related to human trafficking.
This transposed into Estonian legislation Council Directive 2004/81/EC on the residence
permit issued to third-country nationals who are victims of trafficking in human beings or
who have been the subject of an action to facilitate illegal immigration, who cooperate with
the competent authorities.
Although the aim of this study is to give an overview of statuses of protection other than
status of refugee or subsidiary protection status arising from the qualification Directive
2004/83/EC granted by the EU Member States, then considering that Estonia does not
grant statuses of protection other than those included in the EU Directives (2004/83/EC,
2001/55/EC, 2004/81/EC), this paper gives an overview of the statuses of international
protection granted in Estonia, procedures related to granting of asylum and the rights of
an individual.
5
1. INTRODUCTION
This study is an overview of different protection statuses offered by the state to the citizens of
third countries, which is compiled within the framework of the European Migration Network
(hereinafter the EMN). The Estonian report is the seventh migration and asylum report
compiled by the Estonian Migration Foundation (National contact point of the EMN in
Estonia). The earlier studies are available at the homepage of the Estonian Migration
Foundation at www.migfond.ee.
The aim of the study is to analyse different protection statuses given by the EU Member
States, which are not refugee status and subsidiary protection status as provided for in the
qualification Directive 2004/83/EC. Member States which do not grant other protection
statuses as in the forenamed Directive, shall give an overview of their protection statuses,
procedures and right given to alien´s who receive international protection status. The results
of this paper should support the national contact points of EMN, national research institutions
and authorities involved in migration issues, policy-makers, as well as the EMN in planning
and organising their work.
On the basis of the reports compiled by the national contact points, the EMN compiles a
summarised report that sets forth the similarities and differences of the protective statuses
offered by the Member States of the EU by using systematic comparative method. The
received information allows understanding and analysing best national practices in the area of
asylum in EU Member states and facilitates creating common European asylum system. The
summarised report will be prepared and published at the end of 2009.
Structure of the study
The study begins with an introductory part which defines the aim of the study and introduces
the structure of the study. The methodology used for the compilation of the study is described;
institutions from where basic data and other necessary data have been obtained are listed.
The second part sets forth the protection statuses granted in Estonia and their definitions in
national legislation.
6
The third part gives an overview of the procedures for granting international protection and
the rights granted to the persons receiving protection, and the last part analyses statistical data
regarding persons receiving protection.
1.1. Methodology
This report has been compiled according to the specifications and structure of the EMN Study
2009 “The different national practices concerning granting of non-EU harmonised protection
statuses”. Methodologically, this study is the so-called secondary desk-research study which
uses already existing public information and no new studies or analyses are conducted for
compiling the overview. The paper has been compiled with the help of existing public studies
and reviews and different experts of the respective authorities were interviewed. Furthermore,
earlier studies and reports of the Estonian Migration Foundation compiled within the
framework of the EMN have been used (the 2007 and 2008 migration and asylum policy
reports, study “The Organisation of Asylum and Migration Policies in Estonia”).
Different public official documents and information obtained from state authorities and non-
profit organisations have been used for compiling this report. The report has been compiled
with the help of the Ministry of the Interior, Citizenship and Migration Board (hereinafter the
CMB), Ministry of Justice, Ministry of Social Affairs and Jaan Tõnisson Institute as well as
Human Rights Institute.
2. PROTECTION STATUSES GRANTED IN ESTONIA
2.1. Protection statuses in accordance with the European Union legislation
Granting aliens international protection is regulated in Estonia with the Act on Granting
International Protection to Aliens1. Pursuant to this Act, international protection is granted to
aliens with regard to whom refugee status or subsidiary protection status is established and
who is recognised a person in the category of persons who need temporary protection
established with the decision of the Council of the EU2. These protection statuses are in
1 Granting Aliens International Protection Act, RTI 2006, 2, 3, www.riigiteataja.ee
2 Ibid, section 1(2)
7
accordance with the United Nations Convention relating to the Status of Refugees3 and United
Nations Protocol relating to the Status of Refugees of 31 January 19674 as well as Council
Directives 2004/83/EC5 and 2001/55/EC
6.
Furthermore, the Aliens Act7 provides for special cases for granting residence permit for
persons who are victims or witnesses in criminal proceedings the object of which is a crime
related to human trafficking within the meaning of the Council framework decision
2002/629/JSK on fight against human trafficking8.
Thus the following persons who are granted special status in Estonia could be set forth:
1. Refugee. Pursuant to section 4(1) of AGIPA a refugee is an alien who, owing to a
well-founded fear of being persecuted or for reasons of race, religion, nationality, political
opinion or membership of a particular social group, is outside the country of nationality and is
unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that
country and with regard to whom no circumstance exists precluding recognition as a refugee.
2. Person enjoying subsidiary protection. Pursuant to section 4(3) of AGIPA a person
enjoying subsidiary protection is an alien who does not qualify as a refugee and with regard to
whom no circumstance exists which would preclude granting of subsidiary protection and in
respect of whom substantial grounds have shown for believing that his or her return or
expulsion to his or her country of origin may result in a serious risk in the specified country,
including:
1) imposition or execution of death penalty to him or her, or
2) torture or inhuman or degrading treatment or punishment of him or her, or
3) individual threat to his or her life or civilians’ life or violence towards him or her or
civilians by reason of international or internal armed conflict.
3 Convention relating to the Status of Refugees, which was compiled on 28 July 1951 in Geneva, entered into
force for Estonia on 9 July 1997, RT II 1997, 6, 26, www.riigiteataja.ee 4 Protocol relating to the Status of Refugees of 31 January 1967, which was compiled in New York, entered into
force for Estonia on 10 April 1997, RT II 1997, 6, 26, www.riigiteataja.ee 5 Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of
Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International
Protection and the Content of the Protection Granted 6Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the
event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member
States in receiving such persons and bearing the consequence thereof 7 Aliens Act, Chapter IV
3, RTI 1993, 44, 637, www.riigiteataja.ee
8 OJ L 203, 1.08.2002, p 1–4
8
3. Person enjoying temporary protection. Pursuant to section 5(2) of AGIPA a person
enjoying temporary protection is an alien who has had to leave his or her country or region of
origin, or has been evacuated, in particular in response to an appeal by international
organisations, and is unable to return in safe and durable conditions because of the situation
prevailing in that country and who may fall within the scope of provisions regulating
international protection, and
1) who has fled an area of armed conflict or endemic violence;
2) who is at serious risk of, or who has been the victim of, systematic or generalised violations
of his or her human rights.
4. Victim of human trafficking. Pursuant to section 1415
of the Aliens Act, temporary
residence permit may be granted due to substantial public interest in order to facilitate
clarification of circumstances of the subject of proof of a crime if:
1) he/she is a victim or witness in criminal proceedings the object of which is a crime related
to human trafficking within the meaning of the Council framework decision 2002/629/JSK on
fight against human trafficking,
2) he/she has previously facilitated the clarification of the circumstances of the crime proof or
has given consent to do it and
3) he/she has stopped all relations with the person who is suspected or accused of committing
a crime.
2.2. National protection statuses
Although Estonia does not grant protection statuses other than the refugee status, subsidiary
protection status, residence permit to persons who have received temporary protection and
residence permit to the victims of human trafficking, one exceptional decision in relation to
the Georgian-Russian conflict in August 2008 should be set forth. Estonia decided to grant
Georgian refugees exceptional residence permits on the basis of international agreement. It
was an exceptional decision arising from war situation and the possibility for obtaining the
residence permit on the basis of international agreement was foreseen for only that moment in
time and for the people escaping from Georgia due to war. The CMB does not have any
statistics on escaped Georgian citizens submitting applications for temporary residence permit
9
on the basis of international agreement and granting of residence permits on the basis of
international agreement.
At the moment a Georgian citizen as well as all other aliens must comply with the general
requirements established for application for residence permits. 9
3. PROCEDURE FOR GRANTING PROTECTION AND GRANTED RIGHTS
This section sets forth the procedures for residence permits granted in the event of
international protection and substantial public interest and the rights concurring with these
residence permits. Additional information on authorities related to this procedure can be
found in the study “The Organisation of Asylum and Migration Policies in Estonia”10
.
Granting of or refusal to grant refugee status and subsidiary protection status are regulated by
the AGIPA and Regulation No 162 by the Government of the Republic dated 14.07.2006
“Procedure for application for, granting, extension and declaration of invalidity of residence
permit of a refugee and person receiving additional protection and his family member, list of
certificates and data to be submitted upon application and the procedure for entering data of
residence permits to the identity document”. The procedure for granting of or refusal to grant
residence permits on the basis of temporary protection is regulated by the AGIPA and
Regulation No 211 by the Government of the Republic dated 28.09.2006 “Procedure for
application for, grant, extension and revocation of temporary residence permit for persons
under provisional protection and their family members, list of certificates and data to be
submitted for applying for a residence permit and procedure for entering the data of residence
permit to identity card”.
Granting residence permits to victims and witnesses of human trafficking is regulated by the
Aliens Act and Regulation No 39 by the Minister of the Interior 15.06.2007 “List of data to be
submitted in the application of the Prosecutor’s Office application for initiating procedures for
9 CMB response letter to Estonian Migration Foundation No 6-2/2009-69, 9.07.2009
10 Organisations Involved in Migration and Asylum Issues in Estonia, Estonian Migration Foundation, Tallinn
2008, www.migfond.ee
10
temporary residence permit in the event of substantial public interest and of the documents to
be attached to the application, and format of the application of the Prosecutor’s Office”11
.
3.1. PROCEDURES
3.1.1. Procedure for granting international protection
Processing applications for asylum is a long process the duration of which depends on the
nature of each specific application. Pursuant to the legal acts up to 6 months12
are foreseen for
processing the applications for asylum and two months are foreseen for reviewing and making
a decision on applications for temporary protection13
.
During the course of procedures regarding asylum first it shall be checked if the person
complies with the definition of refugee or not. If the person complies with the definition of
refugee, he or she will be recognised as a refugee, if not, it shall be checked if the person is a
person enjoying subsidiary protection. Unlike in the procedure of granting the refugee status
and subsidiary protection status, it is not necessary to assess in the procedure of temporary
protection if the person needs protection or not. It is important to establish if the person
originates from a country or area for which the EU Council has decided that the country or
area is such to which safe and permanent return is impossible and temporary protection
should be given to the persons from such area.
Below the most important stages in the asylum proceedings are set forth. The procedure
scheme for application for asylum is given in Annexe 1 to this paper.
� Submission of application for asylum
There are two possibilities for submitting an application for asylum:
11
Regulation No 39 by the Minister of the Interior dated 15 June 2007 “List of data to be submitted in the
application of the Prosecutor’s Office application for initiating procedures for temporary residence permit in the
event of substantial public interest and of the documents to be attached to the application, and format of the
application of the Prosecutor’s Office” RTL, 26.06.2007, 51, 928 12
Section 17(2) of the Regulation No 162 by the Government of the Republic dated 14.07.2006 “Procedure for
application for, granting, extension and declaration of invalidity of residence permit of a refugee and person
receiving additional protection and his family member, list of certificates and data to be submitted upon
application and the procedure for entering data of residence permits to the identity document”, RT I 2006, 34,
263 13
Section 17(1) of the Regulation No 211 by the Government of the Republic dated 28.09.2006 “Procedure for
application for, grant, extension and revocation of temporary residence permit for persons under provisional
protection and their family members, list of certificates and data to be submitted for applying for a residence
permit and procedure for entering the data of residence permit to identity card, RT I 2006, 42, 324
11
1. before entering the country an application for asylum can be submitted to a border
guard official in any border crossing point at the border of the Republic of Estonia.
This possibility can be used in the event an alien has no valid visa, travel document
or Estonian residence permit on the basis of which he or she could enter Estonia;
2. while staying in the country an alien has to contact the Refugees Department of the
CMB in order to apply for asylum.
� Preliminary procedures
After the submission of the application for asylum the officials of the CMB or Board of
Border Guard carry out the preliminary procedures of asylum. Section 15 of the AGIPA lists
the following preliminary procedures:
- receipt of a standard format application for asylum;
- examination of the person and his or her personal effects;
- admission for deposit of personal effects and documents;
- identification;
- collection of explanations concerning arrival in Estonia or at the Estonian border and
concerning the circumstances which constitute the basis for application for asylum;
- photographing and fingerprinting;
- forwarding of fingerprints to the Eurodac database;
- if necessary, organising health check;
- if necessary, taking DNA samples.
� Accommodation
For the time of the preliminary procedures an asylum seeker may be temporarily
accommodated in the accommodation facilities of the CMB in Tallinn which in total holds 12
places (3 rooms – one room for a family with small children and two rooms with four places),
or send him or her permanently to the Illuka Reception Centre for Asylum Seekers14
, which
has room for 35 persons. With the consent of the CMB an asylum seeker may also stay
outside the accommodation centre if the conditions set for it are met.
� Establishing the responsible state
Before the procedures carried out as to the contents of the application for asylum, procedures
for establishing the responsible Member State are carried out. Establishing the responsible
14
Illuka Reception Centre for Asylum Seekers, www.ivv.ee
12
Member State is based on the Council Regulation No 343/2003 dated 18 February 2003 (so
called Dublin Regulation)15
. If prior to arrival in Estonia the applicant has been in another EU
Member State or Iceland, Norway or Switzerland or has a valid residence permit or visa
issued by the aforementioned countries, he or she will be expelled to that country and
procedures will be taken over by the authority involved in asylum proceedings of that country.
If the applicant has not stayed in the aforementioned countries, the application for asylum is
generally further processed by the CMB.
� Procedures as to the content
If Estonia is responsible for reviewing the application for asylum, the CMB will start
reviewing the application’s contents. Each application is reviewed individually and
impartially. When making the decision the human rights situation of the country of origin of
the applicant, the applicant’s explanations regarding persecution and other circumstances
related to the specific application are taken into account.16
After the submission of the application the asylum seeker is invited to the CMB for an
interview. The aim of the interview is to give the applicant a chance to present his or her facts
orally during the course of direct conversation and to explain why he or she should be granted
protection by the Estonian state as well as to answer additional questions that the person
processing the application has. The CMB uses an interpreter for the interview and covers all
related costs, except if the interpreter is chosen by the applicant.
The following activities are carried out during the course of the proceedings:
1. information regarding the country of origin of the applicant is searched and analysed;
2. evidence is assessed and expertise is organised, inquiries are made;
3. the applicant is questioned in terms of the motives of escape from the country of origin;
4. assessments are made regarding if the applicant has come from a safe country where
he or she could live in another region of his or her country of origin and if there are
circumstances for refusal to grant protection.17
15
Council Regulation No. 343/2003 Establishing the Criteria and Mechanisms for Determining the Member
State Responsible for Examining an Asylum Application Lodged in One of the Member States by a Third-
Country National, http://eur-
lex.europa.eu/Result.do?T1=V1&T2=2003&T3=343&RechType=RECH_naturel&Submit=Otsing 16
How Does an Asylum Seeker Receive Protection from Estonia? A. Viks, I. Teeväli. Ministry of Education and
Research, Tallinn 2007, pages 27-44 17
Ibid, page 36-37
13
Procedures regarding applications for asylum are not public and the CMB keeps information
obtained during the course of the procedures strictly confidential. If necessary, limited
information may be disseminated only in case of inquiries of authorities related to the specific
procedure. In order to ensure safety of the applicant and his or her family members in the
country of origin the authorities related to the proceedings are prohibited to contact authorities
of the country of origin of the applicant. In the case of an applicant who is a minor, the
interests of the child are always the priority.
The proceedings as to the contents of the application always end in one of the following
decisions:
1. to grant the refugee status;
2. to grant the subsidiary protection status;
3. to give temporary protection status;
4. to refuse to grant international protection or
5. to reject the application for asylum.
In the event of positive decision an alien is granted residence permit for three years and an
identity card; and if necessary, a refugee’s travel document. Persons who are granted
subsidiary protection receive residence permit for one year, identity card and if necessary,
alien’s passport. Persons who are granted temporary protection receive residence permit with
the validity of one year, identity card and if necessary, single laissez-passer.
In the event of negative decision the applicant will not be given residence permit for Estonia
on the basis of international protection and if the person has no other legal grounds for his or
her stay in Estonia, a precept for leaving Estonia is made. If the person fails to voluntarily
leave, the CMB shall use duress for sending him or her back to the country of origin.
� Submission of complaints
If an applicant is refused of residence permit or if the CMB or Board of Border Guard rejects
the application of the person, the applicant has the right to turn to Tallinn Administrative
Court during 10 days from the publication of the decision. The decision of the administrative
court can be appealed to the Circuit court which is the court of appeal and the decision of the
circuit court may be appealed in the Supreme Court which is the court of highest instance in
14
Estonia. If the appeal of the applicant is satisfied, the CMB shall repeat the procedure and
make a new decision for the application.
During the term of appeal and judicial proceedings the applicant shall have the same rights
and obligations as an asylum seeker.
3.1.2. Proceedings for residence permit for victims of human trafficking
Since 01.02.2007 Chapter IV3
of the Aliens Act foresees special cases for issuing temporary
residence permits arising from the Council Directive 2004/81/EC18
. The mentioned Directive
foresees granting of residence permit to victims of human trafficking who cooperate in fight
against human trafficking or facilitating illegal immigration and for whom the residence
permit is a sufficient motivation for cooperating with the competent authorities.
Pursuant to section 1415
(2) of the Aliens Act an alien may be issued a temporary residence
permit in case of substantial public interest to facilitate the clarification of the circumstances
of the crime proof if:
1) the alien is a victim or witness in criminal proceedings the object of which is a crime
related to human trafficking within the meaning of the Council framework decision
2002/629/JSK on fight against human trafficking dated 10.07.2002
2) he/she has previously facilitated the clarification of the circumstances of the crime
proof or has given consent to do it and
3) he/she has stopped all relations with the person who is suspected or accused of
committing a crime.
In the abovementioned special cases the Prosecutor’s Office or by the order of the
Prosecutor’s Office, an investigative body, shall inform the alien of the possibility and
conditions of granting temporary residence permit due to substantial public interest. An alien
is given 30 to 60 calendar days of reflection period to think if he or she wishes to facilitate in
clarification of the circumstances of the evidence of the crime19
. If the alien wishes that, the
Prosecutor’s Office shall initiate the procedure for granting residence permit. If an alien does
not wish to facilitate in clarification of the circumstances of the evidence of the crime or he or
she has voluntarily and with his or her own initiative newly established contacts with persons
18
EU Council Directive 2004/81/EC of 29.04.2004 on the residence permit issued to third-country nationals who
are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal
immigration, who cooperate with the competent authorities 19
Section 1415
(6) of the Aliens Act, RT I 1993, 44, 637, www.riigiteataja.ee
15
who are suspects or accused of committing a crime, or if the alien is a threat to public order or
national security, the alien’s obligation to leave shall be executed without delay.
The procedure for granting residence permit shall be initiated on the basis of written
application from the Prosecutor’s Office and with the consent of the alien, if the alien
complies with the conditions set forth in section 1415
(2) of the Aliens Act. Due to the fact that
the procedure for granting residence permit is initiated on the basis of the application by the
Prosecutor, connection with human trafficking shall also be assessed by the Prosecutor who
has the necessary background knowledge and information20
. In order to establish
circumstances the Prosecutor’s Office shall have the right to interview the alien, make
inquiries from the authorities managing registers, use help of general and specialised doctors
and interpreters. The Prosecutor shall also assess compliance with other conditions for
granting residence permit.
The Prosecutor’s Office shall submit an application to the CMB who shall review the
application for temporary residence permit and make a decision on granting of or refusal to
grant the residence permit during 10 working days from the day the Prosecutor’s Office
submitted the application21
. If necessary, the procedure period may be extended if more time
is required for reviewing compliance of the applicant to the requirements established in the
legislation. Temporary residence permit is issued for the victims of human trafficking
according to the application from the Prosecutor’s Office for the period of up to one year.
3.2. RIGHTS GIVEN TO THE PERSONS ENJOYING PROTECTION
3.2.1. The rights of the persons enjoying international protection
• Residence permit
In terms of legal basis for the stay in the county the persons who have been granted
international protection do not differ from other aliens legally living in Estonia. If the
application for asylum is approved, the person is granted, depending on his or her status,
temporary residence permit for three or one year and if necessary such permit is extended.
20
Explanatory memorandum to the draft Amendment Act of the Aliens Act and related legal acts,
eoigus.just.ee/?act=dok&subact=1&DOK_W=148842 21
Section 1417
(4) of the Aliens Act, RT I 1993, 44, 637, www.riigiteataja.ee
16
A person who has been granted refugee status shall receive residence permit for three years
and if necessary it may be extended for another three years, unless the reasons for issuing the
first residence permit have lapsed. Residence permit with the validity of one year is issued to
persons who receive subsidiary protection and such permit may be extended by 1 year at a
time. A person who has been granted temporary protection shall receive residence permit for
one year and it can be extended 6 months at a time up to 1 year.
� Long-term residence permit
Pursuant to section 44 of the AGIPA an alien who has been issued a temporary residence
permit shall be issued a permanent residence permit on the basis and pursuant to the
procedure provided in the Aliens Act. Thus, a person who has been granted international
protection must permanently live in Estonia on the basis of temporary residence permit for
five years, have proficiency in Estonian on the level of B1 or equal, have permanent legal
income, health insurance and residence. Pursuant to section 143 (5) of the Aliens Act, unlike
in the case of other residents with long-term residence permit, the rights ensured in Chapter
III (living in other Member States) of Council Directive 2003/109/EC concerning the status of
third-country nationals who are long-term residents shall not be extended to the persons
granted international protection.
• Financial assistance
Pursuant to section 75 (2) of the AGIPA a person enjoying international protection shall have
the right to receive state subsistence benefit from the local municipality on the territory of
which he or she is housed. A local municipality shall pay subsistence benefit in case if the
financial situation of the person who has been granted international protection does not allow
organising housing at his or her own expense.
In addition to that, the person who has been granted international protection shall have, during
his or her stay in Estonia, the right to receive state pension, family supports, labour market
services and labour market support, social benefits and other assistance on the same grounds
established in the legal acts as permanent residents of Estonia22
.
22
Section 75 (1) of the GAIPA
17
• Housing
� Illuka Reception Centre for Asylum Seekers. A person enjoying international
protection has the right to live in the reception centre until his or her housing in the territory
of a local municipality unit of Estonia is solved. The Ministry of Social affairs organises
settling of the person enjoying international protection in a local municipality unit during four
months from the date of issuing residence permit to the alien.
A person who has been granted international protection who refuses to settle in a local
municipality unit which is ready for his or her reception shall have to find housing alone and
cover the related costs. A person who has been granted international protection is ensured
with housing in the reception centre during two months from the mentioned refusal.
� Local municipality unit. When finding housing in a local municipality unit the status
of health of the person enjoying protection, residence of relatives and relatives by marriage
and other important circumstances are taken into account and the employment and housing
possibilities of the person are considered. Furthermore, person enjoying international
protection may participate in finding a suitable local municipality unit.
The receiving local municipality unit shall accommodate the person who has been granted
international protection generally in social housing belonging to the municipality. If a local
municipality unit has no free social housing, an apartment is rented for the person who has
been granted international protection and his or her family from the apartment market
considering the applicable prices. The costs of renting housing for the person enjoying
international protection are covered from the state budget during the validity of the first issued
residence permit within the limits of socially justified norm (18 m2 per person). Furthermore,
the state budget covers cost of repairs of social housing and costs for its furnishing (covers
acquisition of essential furniture, household appliances and utilities – bedding and eating
place, cupboard, bed linen, refrigerator and stove, dishes etc).23
� A person receiving international protection who is an unaccompanied minor is
accommodated:
� with an adult relative;
� under guardianship or care in a family;
� in a social welfare institution for children or
23
EXPERT ASSESSMENT to the project of the J. Tõnisson Institute “Cooperation Model for Employees
Involved in Work with Asylum Seekers and Persons Enjoying International Protection and Their Children on the
Level of Local Municipalities”. Expert: Anu Rannaveski
18
� with a person who took care of that minor during resettling.24
• Education
Pursuant to section 37 of the Constitution of the Republic of Estonia everyone is entitled to
education. Section 75(6) of the AGIPA also provides that during the stay in Estonia persons
granted international protection are entitled to education.
While obtaining pre-school and basic education is obligatory for all children living in Estonia
(including children of the persons who have been granted protection) from the age of 7 until
acquiring basic education or becoming 17 years of age25
, then in adult education access of
persons enjoying protection to education has until now been restricted to language studies. It
is not foreseen for adults to obtain higher education or participate in adult training at the
expense of the state. At the same time studying in general education schools of state and local
municipalities is free of charge. Thus Estonia has ensured access to education for children of
persons who have been granted protection on school as well as kindergarten level.
• Health care
Pursuant to section 73(4) 2) of the AGIPA the local municipality shall be obliged, if necessary,
provide assistance in obtaining health care and social services. The Act does not provide for
the obligation of the local municipality to pay for the health care services of the person who
receives protection. Thus until the person enjoying protection has commenced work and he or
she has no health insurance, he or she is entitled to receive free of charge only urgent
assistance.
As an exception the following persons are covered with health insurance:
� pregnant women;
� persons up to 19 years of age;
� persons who receive state pension;
� dependant spouse of the insured person who has up to five years left until the
retirement pension;
� students up to 24 years of age.26
24
Section 1419
(1) of the GAIPA 25
Section 8 (2) of the Education Act of the Republic of Estonia, RT I 1992,22,192, www.riigiteataja.ee 26
Section 5 (4) of the Health Insurance Act, RT I 2002, 62, 377, www.riigiteataja.ee
19
• Employment
Persons enjoying international protection, who have been granted residence permit, have the
right to employment in Estonia according to the conditions and procedure established in the
Aliens Act. For that purpose they have to apply for work permit the application for which is
free of state fee for the persons who have been granted international protection.
• Family reunification
Persons enjoying international protection have the right for family reunification. Pursuant to
section 46(1) of the AGIPA family members of refugees and persons enjoying subsidiary
protection are granted residence permits on the same grounds and with the same term of
validity as the refugees and persons enjoying subsidiary protection. Pursuant to the mentioned
Act, family members of refugees and persons enjoying subsidiary protection are:
1) his or her spouse;
2) his or her and his or her spouse’s unmarried minor child, including adopted child;
3) unmarried minor child under his or her or his or her spouse’s custody and maintained
by him or her or his or her spouse, including adopted child;
4) his or her or his or her spouse’s unmarried adult child if the child is unable to cope
independently due to his or her state of health or disability;
5) a parent or grandparent maintained by him or her or his or her spouse if the country of
origin does not provide support resulting from other family ties 27
.
In the case of temporary protection the CMB shall decide reunification for families who were
separated due to mass immigration on the basis of the will of the family members and in the
case of close relatives taking into account the specific circumstances of each individual case.
On the basis of section 7(4) of the AGIPA of a person enjoying temporary protection are:
1) his or her spouse;
2) his or her and his or her spouse’s unmarried minor child, including adopted child;
3) a close relative not mentioned in clauses (1) and (2) of this section who lived with him
or her in the country of origin and was dependent on him or her.
• Naturalisation
Although the section 34 of the 1951 United Nations Convention relating to the Status of
Refugees provides that countries are to facilitate naturalisation of refugees, no benefits for
27
Section 7 (2) of GAIPA
20
naturalisation are foreseen for persons enjoying international protection in the Estonian
Citizenship Act28
. The Act provides for common requirements29
for all aliens staying in
Estonia on the basis of residence permit.
3.2.2. The rights of the victims of human trafficking
• Residence permit
A temporary residence permit is granted to the victims and witnesses of human trafficking for
the period mentioned in the application by the Prosecutor’s Office, but not for longer than one
year at a time. If necessary this residence permit may be extended for the period mentioned in
the application by the Prosecutor´s Office but not longer than for one year.
� Long-term residence permit
Unlike the persons enjoying international protection, the victims of human trafficking have no
right to obtain the residence permit of long-term residents.30
• Financial assistance
An alien who is witness or victim in a crime related to human trafficking receives financial
support on the same grounds and to the same extent as persons enjoying international
protection. The financial assistance paid to the aliens living in the reception centre is equal to
the valid minimum subsistence limit based on the consumption expenses, which at the
moment is 1,000 EEK per month and in addition to that they have the right to receive 100
EEK per month for urgent small expenses.
After obtaining the residence permit, a person has the right to obtain all supports and services
provided for in the Social Welfare Act31
(e.g. subsistence benefit) as well as other assistance
(e.g. labour market training, career counselling, support for business start-up etc).
• Housing
Pursuant to the Aliens Act an alien who is a victim or witness in a crime related to human
trafficking can be accommodated, if necessary, for the period of application for the residence
28
Citizenship Act, RT I 1995, 12, 122, www.riigiteataja.ee 29
Ibid, § 6 30
Section 146 (1) 1) of the Aliens Act, RT I RT I 1993, 44, 637, www.riigiteataja.ee
31 Social Welfare Act RT I 1995, 21, 323, www.riigiteataja.ee
21
permit and in the event of granting the residence permit, at the reception centre for asylum
seekers or at the location established by the Ministry of Social Affairs or authorities within the
jurisdiction of the Ministry of Social Affairs. When determining the place of stay of an
unaccompanied minor, the priority is given to the rights and interests of the minor and unity
of a family will be preserved. An unaccompanied minor is accommodated with an adult
relative, under guardianship or care in a family or in a social welfare institution for children.
• Healthcare
Pursuant to section 6 (1) of the Health Care Services Organisation Act, every person in the
territory of the Republic of Estonia, including victims of human trafficking has the right to
receive emergency care. For the purposes of the Health Care Services Organisation Act
emergency care means health services which are provided by health care professionals in
situations where postponement of care or failure to provide care may cause the death or
permanent damage to the health of the person requiring care.32
Pursuant to the Victim Support Act33
a victim of an offence has the right to receive
compensation for the cost of psychological care in an amount equal to up to one minimum
monthly wage. Victims of human trafficking are also eligible for receiving psychological care.
• Family reunification
No special conditions have been created for the victims of human trafficking for their family
reunification. Thus the family reunification of the victims of human trafficking takes place on
the same grounds as in the case of other aliens staying in Estonia with temporary residence
permit.
Pursuant to the Aliens Act spouse of an alien has, after two years of permanent residence in
Estonia on the basis of the residence permit, the possibility of applying for the residence
permit in Estonia if the spouses share close economic ties and a psychological relationship, if
the family is stable and the marriage is not fictitious, and if the application for a residence
permit is justified. Due to the fact that pursuant to section 146 (1) 1) of the Aliens Act long-
term residence permit is not issued to the victims of human trafficking, they have no
possibility of reunification with family members (children, (grand)parents, ward) other than
spouse.
32
Section 5 of the Health Care Services Organisation Act, RT I 2001, 50, 284, www.riigiteataja.ee 33
Section 61 (1) of the Victim Support Act, RT I 2004, 2,3, www.riigiteataja.ee
22
• Employment
The Aliens Act foresees that an alien who has been granted a residence permit due to
substantial public interest has the right for employment in Estonia without the work permit.34
4. STATISTICS
The statistics presented in this chapter concerns only persons who have received refugee
status and subsidiary protection status due to the fact that no applications for residence permit
on the basis of temporary protection or substantial public interest have ever been submitted to
Estonia. Thus this chapter sets forth general asylum statistics since 1997 when Estonia started
granting protection on the basis of the 1951 United Nations Convention Relating to the Status
of Refugees and due to the specificity of this paper, a more thorough overview has been given
for the years 2004 to 2009 (I half year).
So far Estonia has been one of the EU countries with the lowest number of applications for
asylum. During the period 1997-2009 (I hy) in total 158 applications for asylum have been
submitted to Estonia by 148 persons (Table 3). In total citizens of 30 countries have applied
for asylum in Estonia. The largest number of applications have been submitted by the citizens
of Iraq (22), citizens of Russia (21), citizens of Turkey (17), citizens of Byelorussia (11) and
citizens of Georgia (10) (Table 5). By continents, 60% of the applicants are from Asia, 27%
from Europe and 13% from Africa.
Since 1997 Estonia has granted international protection to 23 persons (14.5% of the
applicants). The refugee status has been granted to 11 persons and the subsidiary protection
status has been granted to 12 persons.35
(Annex. Table 4)
During the period 2004 to I half year of 2009 in total 71 applications for asylum have been
submitted to Estonia, in an average 12 applications per year (Diagram 1). The largest number
of applications has been submitted by the citizens of Russia (14), Byelorussia (12), Turkey
(11), Iraq (6), Georgia (5), Sri Lanka (4) and Azerbaijan (3) (Annex. Table 1).
34
Section 1422
of the Aliens Act 35
CMB response letter to Estonian Migration Foundation No 6-2/2009-71, 9.07.2009
23
Diagram 1. Number of submitted applications for asylum during the years 2004-2009 (I
hy).
15
11
7
14 14
10
0
2
4
6
8
10
12
14
16
2004 2005 2006 2007 2008 2009 I hy
During this period the refugee status has been granted to 7 persons: two citizens of Russia,
Byelorussia and Sri Lanka and one citizen of Nigeria. The subsidiary protection status has
been granted to three persons: two citizens of Sri Lanka and one citizen if Iraq. (Diagram 2)
The subsidiary protection status has been extended for two citizens of Sri Lanka and one
citizen of Iraq, whose residence permit has been extended every year since 2006. (Annex.
Table 2)
Diagram 2. Decisions on granting asylum by countries during years 2004-2009 (I hy)
The majority of the asylum seekers during the years 2004-2009 have been men – 50, there
have been 8 female asylum seekers. There have been 8 asylum seekers who are minors but
Country
2004 2005 2006 2007 2008 2009 TOTAL
Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection
Asylum Subsidiary
protection
Iraq 1 0 1
Nigeria 1 1 0
Sri Lanka 2 2 2 2
Byelorussia 1 1 2 0
Russia 1 1 2 0
TOTAL 0 0 0 1 0 0 2 2 4 0 1 0 7 3
24
none of them has been an unaccompanied minor but have arrived in Estonia together with
their family members. (Diagram 3)
Most of the applicants have been within the age range of 18-34 and 35-64 years (58). There
have been 8 applicants under 18 years of age and there have been no applicants older than 65
years.36
Diagram 3. Distribution by gender of asylum seekers during the years 2004-2009 (I hy)
36
CMB response letter to Estonian Migration Foundation No 6-2/2009-71, 17.07.2009
9 9
3
14
10
5
1
4 1
1 2
2
2
2
0
2
4
6
8
10
12
14
16
2004 2005 2006 2007 2008 2009 I
half year
minors (0-17)
women
men
25
USED LITERATURE
Publications
• Organisations Involved in Migration and Asylum in Estonia, SA Estonian Migration
Foundation, Tallinn 2008, www.migfond.ee
• Migration and Asylum Policy Report 2008, Estonian Migration Foundation EMN contact
point, Tallinn 2009
• Refugees Yesterday, Today, Tomorrow. Handbook. Ida-Viru County Integration Centre. 2007
• Application for Asylum in Estonia. Tallinn 2007.
• Summarised Analysis of the Overview Compiled by Experts Concerning Persons Enjoying
International Protection, Their Rights and Obligations. Overview of the Rights and Social Protection
of Persons Enjoying International Protection in Estonia. A. Arjupin, M. Soll, Jaan Tõnisson Institute.
• Integration program for asylum seekers/refugees. Project No 7.0101-0144 “Increasing
Estonian Readiness for Integration of Asylum Seekers into the Society within the framework of the
ESF EQUAL programme” realised by the Jaan Tõnisson Institute, 2006
• How Does an Asylum Seeker Receive Protection from Estonia? A. Viks, I. Teeväli. Hand-in-
Hand. Integration of the Children of Refugees and Asylum Seekers into Estonian Education System.
Collection of Articles. Ministry of Education and Research, Integration Foundation. Tallinn 2007
• Historical Overview of Estonian Refugee Policy. M. Haruoja. Hand-in-Hand. Integration of
the Children of Refugees and Asylum Seekers into Estonian Education System. Collection of Articles.
Ministry of Education and Research, Integration Foundation. Tallinn 2007
• EXPERT ASSESSMENT to the project of the J. Tõnisson Institute “Cooperation Model for
Employees Involved in Work with Asylum Seekers and Persons Enjoying International Protection and
Their Children on the Level of Local Municipalities”. Expert: Anu Rannaveski
• Overview of the rights and social guarantees for persons enjoying international protection in
Estonia and analysis of their rights. Andrei Arjupin, expert
Legal Acts:
• Aliens Act, RT I 1993, 44, 637, www.riigiteataja.ee
• Act on Granting International Protection to Aliens, RT I 2006, 2, 3, www.riigiteataja.ee
• Citizenship Act, RT I 1995, 12, 122, www.riigiteataja.ee
• Education Act of the Republic of Estonia, RT I 1992,22,192, www.riigiteataja.ee
• Social Welfare Act, RT I 1995, 21, 323, www.riigiteataja.ee
• Health Care Services Organisation Act, RT I 2001, 50, 284, www.riigiteataja.ee
• Victim Support Act, RT I 2004, 2,3, www.riigiteataja.ee
• Health Insurance Act, RT I 2002, 62, 377, www.riigiteataja.ee
• Refugees Act RTI, 13.03.1997, 19, 306, www.riigiteataja.ee
• Regulation No 39 by the Minister of the Interior 15.06.2007 “List of data to be submitted in
the application of the Prosecutor’s Office application for initiating procedures for temporary residence
permit in the event of substantial public interest and of the documents to be attached to the application,
and format of the application of the Prosecutor’s Office” RTL, 26.06.2007, 51, 928
• Regulation No 162 by the Government of the Republic dated 14.07.2006 “Procedure for
application for, granting, extension and declaration of invalidity of residence permit of a refugee and
person receiving additional protection and his family member, list of certificates and data to be
submitted upon application and the procedure for entering data of residence permits to the identity
document”, RT I 2006, 34, 263
26
• Regulation No 211 by the Government of the Republic dated 28.09.2006 “Procedure for
application for, grant, extension and revocation of temporary residence permit for persons under
provisional protection and their family members, list of certificates and data to be submitted for
applying for a residence permit and procedure for entering the data of residence permit to identity
card”, RT I 2006, 42, 324
• Convention relating to the Status of Refugees, compiled in Geneva on 28 July 1951, entered
into force for Estonia on 9 July 1997, RT II 1997, 6, 26, www.riigiteataja.ee
• Protocol relating to the Status of Refugees of 31 January 1967, compiled in New York,
entered into force for Estonia on 10 April 1997, RT II 1997, 6, 26, www.riigiteataja.ee
• Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for
the reception of asylum seekers in member states, http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=DD:19:06:32003L0009:ET:PDF
• Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving
temporary protection in the event of a mass influx of displaced persons and on measures
promoting a balance of efforts between Member States in receiving such persons and bearing
the consequence thereof, http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=DD:19:04:32001L0055:ET:PDF
• Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the
qualification and status of third country nationals or stateless persons as refugees or as
persons who otherwise need international protection and the content of the protection granted,
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=DD:19:07:32004L0083:ET:PDF
• Council Directive 2005/85/EC of 1 December 2005 on minimum standards on
procedures in member states for granting and withdrawing refugee status, http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:326:0013:0034:ET:PDF
• Council Directive 2003/86/EC of 22 September 2003 on the right to family
reunification, http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=DD:19:06:32003L0086:ET:PDF
• Explanatory memorandum to the draft Amendment Act of the Aliens Act and other Acts
related to it, eoigus.just.ee/?act=dok&subact=1&DOK_W=148842
Homepages:
• KMA www.mig.ee
• Ministry of the Interior www.siseministeerium.ee
• Board of Border Guard www.pv.ee
• Ministry of Justice www.just.ee
• Ministry of Social Affairs www.sm.ee
• Estonian Migration Foundation www.migfond.ee
• Jaan Tõnisson Institute www.jti.ee
• Illuka Reception Centre for Asylum Seekers www.ivv.ee
Other:
• CMB response letter to the Estonian Migration Foundation No 6-2/2009- 69
• CMB response letter to the Estonian Migration Foundation No 6-2/2009- 71
• Ministry of the Interior response letter to the Estonian Migration Foundation No 6-2/2009- 70
• Jaan Tõnisson Institute response letter to the Estonian Migration Foundation No 6-2/2009- 72
27
ANNEXES
ANNEXE 1. Scheme for processing applications for asylum
MamM
Submission of
application for asylum
Preliminary
procedures
Accommodation
Establishing the
responsible state
Procedures
Voluntary leave or
expulsion
Making a decision
on the application
International protection
not granted
International protection
granted
Estonian residence
permit and documents
Judicial proceedings
Back to processing
by the CMB
Sent to another EU
member state
28
Table 1. Submitted applications for asylum of 2004-2009 (I half year) by citizenship
Year 2004 2005 2006 2007 2008 2009 I pa Total
Georgia 1 2 2 5
Iraq 1 3 1 1 6
Stateless
persons
2 2
Congo DR 1 1
Mongolia 1 1
Uganda 1 1
Ukraine 1 1 2
Byelorussia 7 4 1 12
Nigeria 1 1 2
Senegal 1 1
Turkey 7 2 1 1 11
Russia 4 4 3 3 14
Cameroon 1 1
Sri Lanka 4 4
Azerbaijan 3 3
Sierra Leone 1 1
Unknown 1 1
Unknown 1 1
Japan 1 1
Lithuania 1 1
TOTAL 15 11 7 14 14 10 71
29
Table 2. Decisions on extending the international protection by countries and 2004-2009
(I half year)
Table 3. Applications for asylum 1997-2009 (I half year)
Table 4. Decisions concerning asylum 1997-2009 I half year (N=140)
Country
2004 2005 2006 2007 2008 2009 TOTAL
Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection Asylum
Subsidiary
protection
Iraq 1 1 1 0 3
Sri Lanka 2 0 2
TOTAL 0 0 0 0 0 1 0 1 0 3 0 0 0 5
30
Table 5. Asylum seekers by citizenship 1997-2009 I half year
