You have a list of rights and procedural guarantees during the asylum procedure.
The EU and Estonian law provide you with the following guarantees to ensure a fair asylum procedure.
You have the right to receive information at the earliest opportunity, but no later than within fifteen days of the submission of the application about your rights and obligations, including information concerning legal assistance, assistance relating to reception conditions, organisations providing information, the time-frame for the proceedings and the consequences of failure to comply with obligations. The information must be presented orally and in writing in a language which you understand.
You also have the right to have access to the information that the Police and Border Guard Board has taken into consideration for the purpose of making a decision on your application.
You have the right to a personal interview. During the interview, you must be given an adequate opportunity to present elements needed to substantiate your asylum application. This includes the opportunity to give explanations regarding elements which may be missing, or any inconsistencies or contradictions in your statements.
You have the right to receive the services of an interpreter during the interview and in any other cases when the authorities call upon you. You also have the right to have all the written acts and decisions of the Police and Border Guard Board translated into a language that you can understand.
You have the right to remain in Estonia until the Police and Border Guard Board has made a decision on your asylum application and the decision has become final. The decision becomes final if you have not appealed the decision, or the Administrative Court has dismissed your appeal.
You have the right to communicate with UNHCR or any other organisation providing legal advice or other counselling to asylum-seekers. You must be given the opportunity to consult, at your own cost, in an effective manner with a legal adviser at all stages of the procedure. You also have the right to a victim support service, where necessary, pursuant to the procedure provided for in the Victim Support Act.
If you have any special needs, you have the right to the required support corresponding to your needs. An applicant with special needs is, in particular, a vulnerable person, such as:
- a minor
- an unaccompanied minor
- a disabled person
- an elderly person
- a pregnant woman
- a single parent with minor children
- a victim of trafficking
- a person with serious illness
- a person with mental health problems
- a victim of torture or rape
- a person who has been subjected to other serious forms of psychological, physical or sexual violence
All administrative authorities must observe your special needs and consider these systematically and individually during the whole international protection proceedings. The Police and Border Guard Board may give priority to examining the application of an applicant with a special need.
Particular procedural guarantees are provided for unaccompanied minors. Most importantly, unaccompanied minors must be appointed a representative for performing procedural acts. In proceedings involving an unaccompanied minor, the rights and interests of the minor must be taken into consideration above all.
Read about the rights you have in relation to the reception conditions.
If you believe that your rights have been violated during the asylum procedure, you may submit a complaint to the Police and Border Guard Board’s Internal Control Bureau or the Administrative Court. Read more about how to complain.