How can you challenge unfair expulsion?
Before expulsion from Estonia, the Police and Border Guard Board has to issue you with a precept to leave, which may have a deadline for voluntary compliance or be immediately enforceable. The precept to leave usually also includes an entry ban for a certain period of time. If you consider that the precept to leave or the entry ban violates your rights, you can submit an appeal to the Administrative Court based on the procedure provided for in the Code of Administrative Court Procedure.
important Appealing the precept to leave does not have an automatic suspensive effect on your expulsion. However, you have the option to apply for interim relief to stop your expulsion until the end of the court proceedings, in accordance with the Code of Administrative Court Procedure.
Deadline
According to the Obligation to Leave and Prohibition on Entry Act, a precept to leave may be contested in the Administrative Court within ten days of its announcement.
Fees
Appeals submitted to the Administrative Court are subject to a state fee of 15 EUR, as well as any costs essential to proceedings, such as interpretation costs. However, if you cannot afford these costs, you may submit an application for procedural assistance in addition to the appeal.
Content of the appeal
The Code of Administrative Court Procedure provides instructions on the content of the appeal and the information to be included. The appeal must be submitted in Estonian. In order to be able to follow the requirements of the appeal procedure, you have the option to apply for free state legal aid. Read about how to apply for state legal aid for your appeal proceedings.
After the judgment
If the appeal is successful, the Administrative Court will annul the precept to leave and/or the entry ban. If the appeal is unsuccessful, you have the option to appeal the judgment of the Administrative Court to the Circuit Court within 30 days. If the Circuit Court also rejects your appeal, you may appeal, within 30 days, to the Supreme Court.
After the judgment of the Supreme Court, you may have the option to submit an application to the European Court of Human Rights. For example, if your expulsion would result in a violation of the prohibition of torture. Read more about how to appeal to the European Court of Human Rights.