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EE: Circuit Court of Tallinn rejected the cessation of protection status due to a flight to the country of origin and considered the best interests of the children in its assessment

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Other Source/Information
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Estonia, Courts of Appeal (Circuit Courts) [Ringkonnakohtud], X, Y, Q and W (Afghanistan) v Police and border Guard Board (Politsei- ja Piirivalveameti), 3-19-650, 22 April 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Other information

X, a national of Afghanistan, was granted subsidiary protection because her father was persecuted for religious and political reasons and would have risked her life in the country of origin. 

The husband, Y was granted a permit for family reunification. Q and W were born soon after, and were granted a permit for the same reason as well. After the birth of the third son, X started the renewal of his and his family's permits. During the procedure it became clear that he flew to Afghanistan in 2018, and for this reason the procedure for withdrawal of his status was initiated by the SBGB. 

The family appealed the decision to terminate the protection and cease the other family member permit before the administrative court. The court accepted the appeal stating that only one flight to Afghanistan was not a solid basis to cease the protection status, and ordered the Police Border Guard Board to grant them the permits and renew X's protection status.

The Board appealed the decision before the Circuit Court which upheld the administrative court decision but chaged the grounds, stating that the SBGB should have assessed the best interests of the children, and should have taken into consideration their integration path as well their social ties with Estonia. 

Country of Decision
Court Name
EE: Courts of Appeal (Circuit Courts) [Ringkonnakohtud]
Case Number
Date of Decision
Country of Origin
Cessation of protection
Country of Origin Information
Family Reunification
Minor / Best interests of the child