How to apply for state legal aid for appealing expulsion?
The Obligation to Leave and Prohibition on Entry Act provides for the right to receive legal aid from the state for contesting a precept to leave or an entry ban, if you do not have sufficient funds to cover legal expenses.
Conditions for state legal aid
Legal aid in Estonia is regulated by the State Legal Aid Act. The State Legal Aid Act requires the testing of means and the merits when considering eligibility for legal aid – assessing the financial situation of the applicant and the prospects of success of the case. The prospects of success of a case are assessed only in a limited way and 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 includes 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 needed to protect 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 decides whether to grant state legal aid, usually within one or two days.
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.