You have the right to an effective remedy against a negative asylum decision, refusal of entry, or any other complaint related to a breach of your human rights.
The correct procedure for making a complaint depends on the type of violation. If the violation occurs due to an unlawful decision by the Police and Border Guard Board, you can challenge the decision through the Administrative Court. These decisions may include a:
- negative asylum decision
- decision to consider your asylum application inadmissible or transfer you to another EU Member State under the Dublin procedure
- decision to revoke your international protection status
- decision to reject your application for family reunification
- precept to leave Estonia and an entry ban
Human rights violations may also occur in other ways during the asylum procedure. For example, they may result from the conditions in which you are held or treatment by the Police and Border Guard Board. In such cases, you should follow the relevant complaint mechanisms.
It is important to keep in mind that you should first complain at the local level, to Estonian authorities and courts. You can only appeal to international and European institutions after you have exhausted all possibilities for appeal in Estonia.
About this section
This section of the Guide will explain how to appeal a negative asylum decision or other decisions by the Police and Border Guard Board in Estonian courts, how to apply for state legal aid for court proceedings, and how to make complaints if your human rights have been violated in any other way during your asylum procedure.