Skip Ribbon Commands
Skip to main content

​​

Second instance determination - Estonia
Last updated on 20/11/2024

There are three appeals possible against a decision on international protection. The first appeal is before administrative courts (Halduskohtud), the second appeal is before circuit courts of appeal (Ringkonnakohtud), and the third or cassation appeal is before the Supreme Court (Riigikohus).

 

The administrative courts analyse appeals lodged against international protection decisions taken by the Police and Border Guard Board (Politsei- ja Piirivalveamet, PBGB). Circuit courts analyse appeals lodged against decisions of administrative courts. The Supreme Court analyses cassation appeals against decisions of the circuit courts of appeal only in cases where leave to appeal is granted.

 

An appeal before administrative courts covers a full and ex nunc examination of both facts and law, while the appeal before circuit courts and the Supreme Court cover only legality aspects.

 

All courts are general courts with chambers, sections or panels with competence to examine cases regarding international protection.

 

The relevant legal provision concerning the appeal in asylum cases for status determination is Section 25 of the Act on Granting International Protection to Aliens (AGIPA).

 

An asylum decision becomes final when it has not been challenged in an administrative court within the appeal deadline or if it may no longer be challenged (Section 31 AGIPA).

 

A constitutional judicial review is within the competence of the Supreme Court (Section 26, Sub-Section 3 Courts Act).