How to apply for state legal aid for appealing a decision of the Police and Border Guard Board?
Legal aid is an important component of the right to an effective remedy. According to the Asylum Procedures Directive and the Act on Granting International Protection to Aliens, asylum-seekers are entitled to free legal aid for appeals procedures regarding negative asylum decisions or decisions to withdraw international protection.
Conditions for state legal aid
Legal aid for asylum-seekers in Estonia is integrated into the general system for state legal aid, regulated by the State Legal Aid Act. The State Legal Aid Act requires means and merits testing when considering eligibility for legal aid – assessing the financial situation of the applicant and the prospects for success of the case. In practice, asylum-seekers usually pass the “means test” due to a lack of income and property. The prospect for success of the case is assessed in only a limited way. State legal aid is not granted only if it is “clearly unlikely” that the applicant will be able to protect their rights.
Application procedure
The form for applying for state legal aid is freely accessible on the Ministry of Justice’s website, as well as at each court and law office. It should include the personal details of the applicant, a description of the problem, the type of state legal aid sought, the reasons why state legal aid is necessary for protecting the rights of the applicant, and other information listed in the State Legal Aid Act. The application for state legal aid must be submitted in Estonian or another language widely used in Estonia. The application for state legal aid must be submitted to the Administrative Court, which usually makes a decision on whether to grant state legal aid within one or two days.
Legal counsellors who are available at the detention centre and accommodation centres for asylum-seekers provide assistance to asylum-seekers in applying for state legal aid.
Provision of state legal aid
State legal aid is provided by attorneys under the Bar Association Act. You cannot choose the state legal aid provider, but if you are not satisfied with the legal aid offered to you, you have the right to make a complaint to the Bar Association.
Other options for free legal aid
In addition to the state legal aid system, free legal counselling and representation to asylum-seekers and beneficiaries of international protection is also provided by the Estonian Human Rights Centre in partnership with the UNHCR.