assisted return to and re-integration in third countries -ee …...assisted return during the years...
TRANSCRIPT
ESTONIAN MIGRATION FOUNDATION
EUROPEAN MIGRATION NETWORK
ASSISTED RETURN TO AND RE-INTEGRATION
IN THIRD COUNTRIES –
European Union programmes and strategies
TALLINN
SEPTEMBER 2009
2
TABLE OF CONTENTS
SUMMARY….......................................................................................................................... 3
1. INTRODUCTION................................................................................................................ 6
1.1. Methodology................................................................................................................... 7
2. DEFINITION, CATEGORIES OF RETURNING MIGRANTS, STATISTICS .......... 8
2.1. Definition .................................................................................................................... 8
2.2. Categories of returning migrants ............................................................................. 9
2.3. Statistics during the years 2004-2009..................................................................... 10
3. THE POLITICAL AND LEGAL FRAMEWORK ..................................................... 18
3.1. Legal acts on voluntary return and compulsory expulsion in Estonia. The
procedure for voluntary return and compulsory expulsion ........................................... 18
3.1.1. Procedures for leaving the Country……………………………………………….20
A. Procedure for voluntary return.................................................................................... 20
B. The procedure for compulsory expulsion .................................................................... 23
3.2. Policies of the European Union in terms of assisted return..................................... 33
3.2.1 European Pact on Immigration and Asylum .......................................................... 35
3.2.2 Compliance with the European Union Directives .................................................. 36
3.2.3. Readmission agreements .......................................................................................... 38
4. OVERVIEW OF ASSISTED RETURN ACTIVITIES - RELATED AUTHORITIES,
PROJECTS ............................................................................................................................. 39
4.1. Motives for assisted return ......................................................................................... 51
4.2.Obstacles to assisted return ......................................................................................... 51
4.3.Consultations on assisted return ................................................................................. 52
5. RE-INTEGRATION AND SUSTAINABILITY OF RETURN PROJECTS............... 54
USED LITERATURE............................................................................................................ 56
3
SUMMARY
The aim of this paper is to observe the situation in Estonia regarding assisted return as well as
to give an overview of the procedures of voluntary return and compulsory expulsion from the
country.
Different groups of aliens in Estonia related to leaving are:
1) persons who leave the country voluntarily and surrender their legal basis for stay in
Estonia, e.g. residence permit in order to settle in another country (country of origin, country
of residence, country of nationality or another country with the consent of the respective
country). This group includes for example persons who were unable to integrate into the
Estonian society;
2) persons for who a precept to leave Estonia has been issued and who leave the country
during the time established in their precept to leave. This group includes persons who have
stayed in Estonia illegally after the expiration of the grounds for legal stay in Estonia (e.g.
residence permit, visa); asylum seekers whose application has been rejected by the
Citizenship and Migration Board (hereinafter CMB) or who have been refused of asylum;
aliens who since 1991 have permanently lived in Estonia but who have not legalized their
stay;
3) persons whose precept to leave is subject to compulsory execution and the time given
for them with the precept for voluntary leaving has expired;
4) persons who are subject to compulsory execution of the obligation to leave with the
permission of the administrative court before the arrival of the time of compulsory execution
of the precept to leave or without previous precept. This includes persons who are a risk to
public order, safety, public health or protection of public morality;
5) persons who are subject to compulsory execution of the obligation to leave without
making a precept and permission of the administrative court. This group includes persons who
have arrived in Estonia illegally; aliens who since 1991 have permanently lived in Estonia but
who have not legalized their stay; who have stayed in Estonia illegally after expiry of the
basis of their stay in Estonia (visa); as well as persons who are subject to the decision to expel
made on the grounds mentioned in Article (3) of the Council Directive 2001/40/EC on the
mutual recognition of decisions on the expulsion of third country nationals, which has not been
revoked or suspended by the country that made the decision.
4
A person has the possibility to leave the country voluntarily as given in points 1-2 (in certain
cases this possibility is not given) or compulsory expulsion is applied for him/her as given in
points 3-5.
Expulsion from the border is carried out by the Board of Border Guard (hereinafter the BBG).
Different ministries (Ministry of the Interior, Ministry of Justice), state agencies (CMB, BBG,
Police Board, Security Police Board) are involved in the expulsion process. Representatives
of the third sector (Estonian Migration Foundation) have the supporting function in the
expulsion process. Assistance in voluntary return is provided by the Estonian Migration
Foundation.
Migration supports offered in Estonia
� The Estonian Migration Foundation is the main organisation in Estonia the main
activities of which include counselling of and financial support to persons repatriating to
Estonia (Estonian citizens and ethnic Estonians) as well as those who are leaving (citizens of
third countries).
The migration supports of the Estonian Migration Foundation may be divided into two major
groups:
1. Support for Estonians and return of Estonian citizens to the Republic of Estonia;
2. Support for aliens for their return to third countries which in turn is divided into:
2.1 Return support;
2.2 Support for expelled persons;
2.3. Support for assisted voluntary return (AVR II project1) – which in turn is divided by the
target groups of support recipients:
2.3.1. Support for asylum seekers;
2.3.2. Support for persons who have received international protection;
2.3.3. Any other citizen of a third country or a stateless person staying in Estonia who does
not comply (no longer) with the conditions for entry to and/or stay in the country.
All types of support provided by the Estonian Migration Foundation, except for AVR II
project are funded from the Estonian state budget. AVR assistance is granted within the
framework of the ARV II project (project duration 01.05.2009-31.12.2009) which is financed
by the Ministry of the Interior and European Return Fund. Before the AVR II project the
1 More information on the assisted voluntary return project (hereinafter AVR) in Chapter 4.
5
Estonian Migration Foundation carried out the AVR project (project period 31.12.2006-
31.12.2007) and AVR I project (project period 31.12.07 - 31.12.08) which were co-financed
by the Ministry of the Interior, Estonian Migration Foundation and European Refugee Fund.
� Three projects are to be carried out in Estonia from the 2008 funds of the European
Return Fund:
• CMB project “Allocation of material assistance to the expelled persons” for
developing special measures for sending out sensitive groups;
• CMB project “Application of compulsory expulsion” for compulsory expulsion of
aliens staying in the country illegally;
• BBG project “Application of compulsory expulsion” for compulsory expulsion of
aliens staying in the country illegally;
The last three projects are not meant as direct aids to persons but rather for the authorities to
cover their costs and support their activities.
� The head of the centre has the right to give assistance to the person staying in the
Expulsion Centre for his or her return to the country of origin, in such case the support
is paid by the CMB.
There are practically no measures in Estonia for re-integration. The first steps in this field are
planned to be made within the framework of the AVR II project. Furthermore, in single cases
the CMB has assisted persons belonging to risk groups and those with special needs in
expulsion and re-integration in their country of origin.
6
1. INTRODUCTION
This paper is an overview of assisted return to and re-integration in third countries compiled
within the framework of the European Migration Network (hereinafter EMN). This study is
the eight migration and asylum study compiled by the Estonian Migration Foundation
(Estonian EMN national contact point). The earlier studies are available at the home page of
the Estonian Migration Foundation www.migfond.ee.
The aim of the work is to analyse Estonian situation in the field of assisted return as well as to
give an overview of the procedures for voluntary return and compulsory expulsion from the
country. The results of this work should support the EMN national contact points participating
in the study, national research institutions and agencies, policy formers as well as the
European Commission EMN in planning and organising their work.
On the basis of the reports compiled by the national contact points, the EMN compiles a
summarised report that sets forth the similarities and differences of the programmes and
strategies of assisted return offered by different EU Member States by using systematic
comparative method. The received information allows understanding and analysing national
priorities and if possible, improving assisted return policies. The summarised report will be
completed and published at the end of 2009.
Different public official documents and information obtained from state authorities and non-
profit organisations have been used for compiling this report. The report has been compiled
with the help of the Ministry of Interior, CMB, BBG and Estonian Migration Foundation.
Statistical data was collected from the CMB, BBG and Estonian Migration Foundation.
The overview given in the paper deals with the return to the country of destination of citizens
of third countries and stateless persons. The migration and asylum terminology used in this
paper is in accordance with the terminology of the EMN migration glossary.
Structure of the study
The report consists of five parts.
The report starts with an introductory part establishing the aim of the study and introducing
the structure of the paper. Methodology used for the compilation of the study is described,
7
institutions from where the basic data and other necessary information were received are
listed.
The second part of the work gives an overview of the definitions used in the study – return,
voluntary return and expulsion. Furthermore, information is provided on different categories
of persons leaving Estonia – persons who are forced to leave the country as well as those who
leave voluntarily. The part concerning statistics analyses statistics related to the area of
assisted return during the years 2004-2009.
The third part gives an overview of the political and legal framework of the area of return on
the national as well as European Union level.
The fourth part sets forth activities of assisted return – different programmes and related
authorities. This part also provides a description of what motivates aliens to return to their
country of origin, which have been the factors hindering assisted return and which counselling
in the field of return is offered in Estonia.
The fifth part describes which steps have been taken by Estonia in the measures for assisted
return and re-integration.
1.1. Methodology
This paper is compiled according to the specifications and structure of the EMN Study 2009
“Programmes and strategies in the EU member states fostering assisted return to and
reintegration in third countries”. Methodologically, this study is the so-called secondary desk-
research study which uses already existing public information and no new studies or analyses
are conducted for compiling the overview. The paper has been compiled with the help of
existing public studies and reviews and different experts of the respective authorities were
interviewed – the collaborating agencies were the Estonian Migration Foundation, Ministry of
the Interior, CMB and BBG. Furthermore earlier studies and reports of the Estonian Migration
Foundation compiled within the framework of the EMN have been used (the 2007 and 2008
migration and asylum policy reports, the 2006 study “Return”: available at the home page of
the Estonian Migration Foundation www.migfond.ee). The statistical data used in the study
were sent by the CMB, BBG and Estonian Migration Foundation.
8
2. DEFINITION, CATEGORIES OF RETURNING MIGRANTS,
STATISTICS
2.1. Definition
� Return – In the Estonian context the term “return” needs explanation.
In English, different “returns” can usually be differentiated. In the case of return of persons
who have received international protection or in some cases also persons who have submitted
an application for international protection the English term “repatriation” is used. Coming
back to the country of origin of persons who have received international protection/or persons
who have submitted an application is generally translated as “tagasipöördumine” (En.
“return”)) and in the case of return of persons who are staying in the country illegally the
English term “return” is used (in Estonian “tagasipöördumine” ).
In Estonian repatriation (in direct translation into Estonian “repatrieerumine”) means return
to one’s country of origin (Estonians’ return to their home country) and the English term
“return” refers to return of the citizens of a foreign country to their country of origin.
The Estonian Migration Foundation that deals with counselling of the returnees and paying
the supports uses the term “tagasipöördumistoetus” (En. “return support”), which in reality
refers to the support granted to persons of Estonian nationality and/or citizenship for their
return to Estonia. Return of third country nationals to the country of origin is called
remigration and the respective support is remigration support. According to the decision of
the national working group for developing the EMN glossary, the different “returns” will in
the future be differentiated so that the return of Estonians to their country of origin is called
“repatriation” to the country of origin and leaving of a third country national from Estonia to
the country of destination is called “return”. Return is the extended term of voluntary return
and compulsory expulsion.
� Voluntary return – in Estonian language both “vabatahtlik naasmine” (En.
“voluntary comeback”) (in the unofficial translation of the 1951 convention on refugee status)
as well as “vabatahtlik tagasipöördumine” (En. “voluntary return”) (in Granting Aliens
International Protection Act) are used in the legislation, documents and literature concerning
international protection. No term referring to voluntary return is used in the currently valid
legislation concerning persons who are staying in Estonia illegally. However, it is changing in
relation to passing of the Directive 2008/115/EC of the European Parliament and of the
Council of 16 December 2008 on common standards and procedures in Member States for
returning illegally staying third-country nationals. From the publication of the Directive in the
9
Official Journal the Member States have 24 months in order to transpose it to the national
legislation, except Article 13(2) for which they have 36 months for harmonising. The
forenamed Directive regulates returning of the persons if they have no legal basis for their
stay in the territory of a Member State of the EU.2
� Expulsion – The English translation of the Estonian legislation does not use the word
“deportation” but “expulsion” although both of them refer to the same Estonian term
“väljasaatmine”. Certain confusion is also created by the fact that in Estonian, expulsion can
also be referred to as returning (mostly used when sending back from the border).
Expulsion is the forced execution of the obligation to leave in cases and according to the
procedure established in the law.3
2.2. Categories of returning migrants
The different groups of aliens in Estonia related to leaving (including persons who are forced
to leave) are:
1) persons who leave Estonia voluntarily and surrender their legal basis for stay in
Estonia, e.g. residence permit in order to settle in another country, e.g. in the country of
origin. This group includes for example persons who have not been able to integrate into the
Estonian society;
2) persons for who a precept to leave Estonia has been issued and who leave the country
during the time established in their precept to leave (the persons have the right for voluntary
leaving). This group includes persons who have stayed in Estonia illegally after the expiration
of the grounds for legal stay in Estonia (residence permit, visa)4; asylum seekers whose
application has been rejected by the CMB or who have been refused of asylum; aliens who
since 1 July 1990 have permanently lived in Estonia but who have not legalized their stay;
3) persons whose precept to leave is subject to compulsory execution and the time given
for them with the precept for voluntary leaving has expired;
4) persons who are subject to compulsory execution of the obligation to leave with the
permission of the administrative court before the arrival of the time of compulsory execution
of the precept to leave or without previous precept. This includes persons who are a risk to
2 Supporting voluntary return of asylum seekers and refugees Tallinn, 2008 Legal Information Centre for Human
Rights 3 Obligation to Leave and Prohibition on Entry Act, § 5
4 Pursuant to Section 14(3
2) of the Obligation to Leave and Prohibition on Entry Act, a precept may be made for
a person whose stay in Estonia on the basis of visa has expired
10
public order, safety, public health or protection of public morality or preventing a crime, as
well as in the event of failure to obey the supervisory measures set forth in article 10(2) 5
of
the Obligation to Leave and Prohibition on Entry Act;
5) persons who are subject to compulsory execution of the obligation to leave without
making a precept and permission of the administrative court. This group includes persons who
have arrived in Estonia illegally; who have stayed in Estonia illegally after expiry of the basis
of their stay in Estonia (visa); as well as persons who are subject to the decision to expel made
on the grounds mentioned in Article (3) of the Council Directive 2001/40/EC on the mutual
recognition of decisions on the expulsion of third country nationals, which has not been revoked or
suspended by the country that made the decision.6
The expulsion procedures for minors and adults are different.7 In the event of expulsion of a
minor protection of the rights of the minor is ensured.
2.3. Return support statistics during the years 2004-2009
In Estonia immigration from third countries (countries that are not Member States of the
European Union) dominates. The majority of the citizens of the countries of origin of
migration into Estonia are citizens of the Commonwealth of Independent States (CIS), first
and foremost the Russian Federation. Therefore the main voluntary returnees and persons
expelled from Estonia are also citizens of the Russian Federation.
Over the years the immigration pressure from the CIS countries and other third countries has
been constant and high but no sudden increase of the immigration pressure due to accession to
the European Union in 2004 or to Schengen area in 2007 has taken place This chapter gives
an overview of the statistical data of the CMB and BBG on the number of the expelled
persons and data of the Estonian Migration Foundation regarding the number of the persons
who have received return support. Estonia has no summarised overview or number on how
many citizens of third countries leave Estonia.
5 The supervisory measures are:
1) residing in a determined place of residence;
2) appearing for registration at the Citizenship and Migration Board at prescribed intervals;
3) appearing at the Citizenship and Migration Board to establish circumstances ensuring compliance with a
precept;
4) notifying the Citizenship and Migration Board of changes of residence of the alien and of his or her prolonged
absence from the place of residence;
5) notifying the Citizenship and Migration Board of changes in the alien’s marital status. 6 Obligation to Leave and Prohibition on Entry Act, § 14
7 BBG letter to the Migration Foundation 6-2/2009-65
11
1. Return support
Since 1992 the Estonian Migration Foundation has granted return support to more than 25,
000 citizens of third countries; the largest migration flows were during the years 1992-1997.
The main reasons for emigration during that period were:
• in relation to restoration of independence of the Republic of Estonia in 1991
and establishing of new state order, many citizens of third countries felt the need to return to
their ethnic country or country of nationality;
• many had the wish to return to their home country already earlier but they had
no material means for realising this. Thanks to the support system established with the
Estonian Migration Foundation, they had that opportunity;
• final departure of the occupation army of the former Soviet Union under
jurisdiction of the Russian Federation on 31 August 1994.
As compared to the previous decade the reasons for the citizens of third countries to leave
have become more personal, there are no longer large social groups with common
characteristics such as former military personnel and the number of the persons applying for
return support has decreased year-by-year. During this decade the main reason for leaving is
the wish of the elderly to return to their country of birth to stay with their relatives.8 In total,
return supports were paid to 237 persons in 2004, 107 and 112 persons, respectively, in 2006
and 2007 and to 69 persons in 2008. Most of the returning persons were women (approx.
55%).
8 M.Eber’s reply to the Migration Foundation 6-2/2009-74
12
Drawing 1. Total number of persons receiving return support, distribution according to
gender
The largest number of applicants for the return support has been with the citizenship of the
Russian Federation (Drawing 2) and the highest number of returnees has gone back to the
Russian Federation (Drawing 3) but year-by-year the number of returnees has decreased.
Drawing 2. Persons receiving return support by citizenship
2004 2005 2006 2007 2008 Total
Russian Federation 195 177 92 94 55 613
Ukraine 20 23 5 8 6 62
Byelorussia 9 12 1 5 1 28
Kazakhstan 1 2 3
Israel 1 1
Nigeria 1 1
Armenia 4 4
Azerbaijan 3 3
Malaysia 1 1
Stateless persons 10 4 5 4 2 25
115
122
100
116
44
63
42
70
34
35
0
50
100
150
200
250
2004 2005 2006 2007 2008
women
men
13
Drawing 3. Target countries of the persons who have received return support
2004 2005 2006 2007 2008
Russian Federation 183 158 85 89 53
Ukraine 30 35 8 12 8
Byelorussia 15 22 7 8 1
Azerbaijan 6 4
Kazakhstan 2
Israel 1
Nigeria 1
Armenia 4
Australia 2
SWE9 1
United States of
America 1
Poland10 1
Finland 3
Georgia 1
Half of the returnees are single persons in pension age who leave in hopes of finding relatives
and close ones who would take care of them in their home country. The second half of the
returnees is families in working age, including parents with children. The main reason for
their leaving is often better possibilities on the labour market of their home country. In 2007
in total 43 persons in working age, 33 pensioners and 17 children left. In 2008 the numbers
were 34 aliens in working age, 33 pensioners and 2 children.
Drawing 4. Social status of the recipients of return support
2004 2005 2006 2007 2008
of working
age 122 104 45 43 34
pensioner11
92 81 58 52 33
9 The citizen of Malaysia settled in Sweden
10 The Russian citizen settled in Poland
11 Pursuant to the State Pension Insurance Act an old-age pensioner is a person who has become 63 years old
14
child12
23 31 4 17 2
2. Statistics on different supported return projects
Regardless of the fact that the general immigration pressure to the European Union is
continuing to increase, this growth trend has so far had a relatively minor impact on Estonia in
terms of the number of asylum seekers. Nevertheless, the number of asylum seekers has
started to gradually increase in Estonia. When in 2007 and in 2008 in total 14 applications for
asylum were submitted to Estonia, then by the end of August 2009 there were 18 preliminary
asylum seekers. In 2007 as well as 2008 international protection was granted in total to four
persons – in 2007 2 persons were recognized as refugees and 2 received subsidiary protection.
In 2008 4 persons enjoying protection were declared as refugees. As at the end of August
2009, international protection had been granted to two aliens- one of them was recognised as
a refugee and one as a person enjoying subsidiary protection. After Estonia joined the
Schengen area, the number of requests to accept asylum seekers submitted to Estonia by other
countries covered with the Dublin proceedings has increased (in 2007 5, in 2008 14 and as at
the end of August 2009 23). The majority of the requests are submitted on the basis of Article
9(4) of the Council Regulation 343/2003, i.e. Estonian visa has been issued to a person but the
person has in reality gone to another EU country and applied for asylum there.13
In 2007 in total eight members of the target group were counselled within the framework of
the assisted voluntary return project (AVR project)14
and 3 applications for participation in the
project were submitted, out of which 1 was satisfied. The returnee was a citizen of the
Russian Federation who returned to the Russian Federation.
In 2008, within the framework of the follow-up project of AVR, in total 7 persons were
counselled for obtaining direct material and social support and returning to their home
country, out of them 4 submitted an application for participating in the project and receiving
material assistance. Out of these four, two complied with the conditions of the project and
received material assistance and returned to a third country, which in both cases was
Byelorussia.
12 According to the Child Protection Act of the Republic of Estonia a child is a person up to the 18 years of age
13 Letter of the Ministry of the Interior to the Estonian Migration Foundation 6-2/2009-79
14 The members of the target group are specified in Chapter 4
15
As at the end of August of 2009 three aliens who have returned have been supported within
the framework of the voluntary return project (AVR II). Two of them were citizens of the
Russian Federation and returned to the Russian Federation and one was a citizen of Mongolia
who returned to Mongolia.
Drawing 5. Number of returnees within the framework of assisted voluntary programmes
1
2
3
0
1
2
3
2007 2008 2009
3. Expulsion support
Until the year 2007 the Estonian Migration Foundation compensated the transport costs and
costs related to obtaining documents related to the expelled persons on the basis of the
application from the authority carrying out the expulsion (CMB, BBG). The expelled person
received no personal material support from the Estonian Migration Foundation.
In 2009 the principles of the Estonian Migration Foundation in supporting the expelled
persons changed15
. The main change was that for humanitarian reasons the Estonian
Migration Foundation can pay the expelled person financial support for travel and
accommodation costs for arriving in their residence or place of stay in the country of
destination. Earlier the support for the expelled persons could be applied for only by the
authority expelling the person, now the application can also be submitted by the expelled
person personally. In total 5 expelled persons have received support for travel and
accommodation costs for arriving in their residence or place of stay in the country of
15 “Principles of payment of the migration support” of the Estonian Migration Foundation, decision entered into
force on 01.02.2009
16
destination on the basis of the new rules in 2009. The support is calculated from the moment
and location where the Estonian authorities give the expelled person over.
The main countries of destination of the persons who have been granted expulsion support
have been Azerbaijan and Moldova.
Drawing 6. The number of expelled persons who have received expulsion support
4
14
28
7
37
17
00
5
10
15
20
25
30
35
40
2002 2003 2004 2005 2006 2007 2008
In 2002 expulsion support was paid to 4 persons subject to expulsion, in 2003 to 14, in 2004
to 28, in 2005 to 7 persons, in 2006 to 37 and in 2007 to 17 persons subject to expulsion. In
2008 no expulsion support was granted.
4. Board of Border Guard statistics
Due to the fact that the BBG started the project “Application of forced return” only in 2009, it
is not possible to set forth the statistical indicators by the year, but the Board is planning to
support compulsory expulsion from the country of nearly 30 persons. In 2007, the BBG
expelled 9 persons and in 2008 19 persons.
5. CMB statistics
The CMB project “Application of forced return” has also started only in 2009. As on
31.07.2009 organisation of expulsion of 13 persons has been financed (convoy and transport
costs in the country, expenses on travel documents).16
During the project expulsion of in total 30 persons is planned to be supported. During the
previous years the CMB has expelled by land in an average of 28 persons a year.
16 CMB letter to the Estonian Migration Foundation 6-2/2009-78
17
Furthermore, in 2009 the CMB has started another project – “Allocation of material support
for the expelled persons”. As at the end of August no members of the target groups have been
supported.17
It is planned to support expulsion of 10 persons during the course of the project.
6. Expulsion support paid on the basis of the decision of the head of the Expulsion
Centre
In 2008 the CMB supported return of 8 persons staying in the Expulsion Centre to their
country of origin. In 2009 the CMB has not supported persons staying in the Expulsion
Centre.18
17 CMB letter to the Estonian Migration Foundation 6-2/2009-78
18 CMB letter to the Estonian Migration Foundation 6-2/2009-78
18
3. THE POLITICAL AND LEGAL FRAMEWORK
3.1. Legal acts on voluntary return and compulsory expulsion in Estonia. The
procedure for voluntary return and compulsory expulsion
The area of return in Estonia is regulated mainly by the following laws and regulations:
• Obligation to Leave and Prohibition on Entry Act – provides for the bases and
procedure of alien’s obligation to leave Estonia and prohibition on entry to Estonia and alien’s
transit through Estonia.
• Aliens Act that regulates arrival of aliens in Estonia, stay, residence and employment
of aliens in Estonia and the basis of legal responsibility of aliens.19
• Act on Granting International Protection to Aliens – regulates the bases for
granting aliens international protection, legal status of aliens and the basis for their stay in
Estonia on the basis of international agreements and European Union legislation.20
• Citizen of European Union Act – regulates the bases for stay and living in Estonia
for citizens of the European Union and their family members. The Act also provides that
prohibition on entry to and expulsion from Estonia of citizens of the European Union is
regulated according to the procedure provided in the Obligation to Leave and Prohibition on
Entry Act.21
• State Borders Act – provides the definition of the Estonian state border,
determination of the location and marking of the Estonian state border, border regime and
liability for violation of the border regime and illegal crossing of the state border. The
legislation also regulates crossing of the external border – in order to cross the external border
the border guard gives the permission to a person who has passed border inspection who is
not subject to circumstances excluding crossing of the external border and who has met the
requirements for entry to Estonia, stay in Estonia and leaving from Estonia.22
• Regulation No 30 by the Minister of the Interior dated 13 February 2003
“Organisation of compulsory execution of the obligation to leave” regulates
implementation of the Obligation to Leave and Prohibition on Entry Act.
• Schengen border rules arising from the Regulation No 562/2006 of the
Parliament and of the Council. From 21 December 2007 Estonia belongs to the Schengen
19 Aliens Act, § 1 (1)
20 Act on Granting International Protection to Aliens §1(1)
21 Citizen of European Union Act
22 State Borders Act§ 9
19
area and Regulation No 562/2006 establishing community rules for regulating cross-border
movement of persons (Schengen border rules) are applicable for Estonia. Due to that Estonian
legal acts were significantly amended. The amendments of the legislation entered into force
on the final accession of Estonia to the Schengen area on 21 December 2007 and partially on
30.03.2008 and among other things also concern expulsion of aliens from the country.23
For
example the articles that concern Schengen prohibition entry, detaining of persons and
compliance with the Council Decision 2004/191/EC setting out the criteria and practical
arrangements for the compensation of the financial imbalances resulting from the application
of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-
country nationals (OJ L 60, 27.02.2004, p 55–57).
Estonia does not have a national programme or strategy for supporting voluntary return of
persons enjoying international protection, asylum seekers or persons staying in Estonia
illegally. The first steps in this field are the European Refugee Fund “Multi-annual
programme” for the period 2005-200724
. Now the national return strategy is mapped by the
European Return Fund “Multi-annual programm” for the period 2008-201325
, thus assistance
to voluntary return is now carried out with the help of the European funds. The section 75(4)
of the Act on Granting International Protection to Aliens passed on 2005 provided for
payment of state budget support, the payment of which was to be established with the
Regulation of the Government of the Republic. As on today this Regulation has not been
passed.26
In principle this means that this provision is not applicable in reality. The Ministry
of the Interior does not see the reason for passing this Regulation due to the fact that this
function is already performed by the Estonian Migration Foundation. Developing an extensive
national programme is not reasonable considering the small number of persons who have
received international protection in Estonia.27
23 Third periodical report of the Republic of Estonia, which is submitted on the basis of Article 40 of the UN
International Covenant on Civil and Political Rights regarding implementation of this Covenant http://web-
static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf 24
The programme can be found at the homepage of the Ministry of the Interior:
http://www.siseministeerium.ee/public/EPF_III_MAP_final_2_ET_kodulehele.pdf 25
The programme can be found at the homepage of the Ministry of the Interior:
http://www.siseministeerium.ee/public/RF_MAP_EST_final.pdf 26
The former Refugees Act (RTI, 13.03.1997, 19, 306) also included this provision. It was the basis for passing
a regulation that provided that such support is paid by the Estonian Migration Foundation (Regulation No 27 by
the Government of the Republic dated 4 February 1998 “Establishing the conditions and procedure for the
payment of support to refugees leaving Estonia permanently”). 27
Supporting voluntary return of asylum seekers and refugees, Legal Information Centre for Human Rights,
2008
20
Also in the event of being released from the Expulsion Centre the head of the Expulsion
Centre may, in special circumstances and if the expelled person has no financial means, pay
the expelled person single support in the sum that does not exceed the subsistence level based
on minimum consumption costs. The mentioned support may be reclaimed from the expelled
person or the person inviting him or her to Estonia after release from the Expulsion Centre
according to the procedures foreseen in the Aliens Act.28
Additionally, in some cases the
expulsion costs of these persons have been covered from the Estonian Migration Foundation
budget (the type of support is called expulsion supports, more information in Chapter 4).
Another reason why there is no national programme for assisted return is the fact that
according to the updated statutes of the Estonian Migration Foundation approved by the
Minister of the Interior in 2006, one of the activities of the Estonian Migration Foundation is
to pay support and provide counselling to persons who have received international protection
and who are asylum seekers. Since 2006 the Estonian Migration Foundation has the voluntary
return project for asylum seekers. Since 2009 the circle of persons eligible for support has
been extended and now the voluntary return support can also be applied for by the aliens who
are illegally staying in the country.
3.1.1. Procedures for leaving the country
Legal basis is required for the stay in the country and if it expires or lacks, a person is
required to leave from Estonia.
The persons who have no legal basis for entry into the country are sent back from the border.
A. Procedure for voluntary return (voluntary return gives a person the right to apply
for return support)
Voluntary return is divided into:
1) persons who leave the country voluntarily and surrender their legal basis for stay in
Estonia, e.g. residence permit in order to settle in another country, e.g. their country of origin.
This group includes for example persons who were unable to integrate into the Estonian
society. The return support can be applied for from the Estonian Migration Foundation29
.
28 Obligation to Leave and Prohibition on Entry Act, § 26
18 (5)
29 The list of documents necessary for applying for the return support can be found at the homepage of the
Estonian Migration Foundation: http://www.migfond.ee/index.php?page=1350&lang=eng .
21
2) persons for who a precept to leave Estonia has been issued and who leave the country
during the time established in their precept to leave (the persons have the right for voluntary
leaving). This group includes persons who have stayed in Estonia illegally after the expiration
of the grounds for legal stay in Estonia (residence permit, visa); asylum seekers whose
application has been rejected by the CMB or who have been refused of international
protection; aliens who since 1991 have permanently lived in Estonia but who have not
legalized their stay. The support for voluntary return can be applied for from the Estonian
Migration Foundation through the AVR II project.
The Estonian Migration Foundation has tight cooperation with the CMB in order to realise the
assisted voluntary return project30
. In order to facilitate the cooperation a Good Will
cooperation agreement has been concluded between the two institutions.
The assisted voluntary return possibilities can be used by all asylum seekers staying in
Estonia and by persons who have contested in the court the decision made with regard to the
asylum application as well as persons who have been granted international protection. When
an asylum seeker submits an application for asylum, an official of the CMB informs him or
her briefly of the possibilities of voluntary return. In addition to that he or she will receive
from the CMB or Illuka Reception Centre for Asylum Seekers a respective leaflet introducing
the possibilities of the programme of voluntary return.
In addition to the abovementioned target groups, all other citizens of third countries staying in
Estonia and stateless persons who (no longer) do not comply with the conditions for entry into
and/or stay in the country can apply for support for voluntary return since 2009. These
persons, too, can obtain information regarding applying for the support from the CMB – there
are respective leaflets which are available at the regional departments of the CMB.
The CMB informs the Estonian Migration Foundation of the new asylum seekers by
telephone, e-mail or fax. After receiving the notice from the CMB the Estonian Migration
Foundation contacts the asylum seekers and with the consent of the asylum seeker introduces
him/her the possibilities of assisted voluntary return. Furthermore, the CMB informs the
Estonian Migration Foundation of the persons who do not comply with the conditions for the
stay in Estonia and who after the preliminary consultation at the CMB express their wish to
partake in the assisted voluntary return programme and receive support. Thus if an asylum
seeker or a person staying in Estonia illegally shows interest in voluntary return, the Estonian
Migration Foundation offers him or her personal counselling, if possible and necessary,
30 Further information on the projects of the Foundation in Chapter 4
22
repeatedly. A consultant introduces the possibilities of the assistance programme but also
issues regarding what participation in the programme brings along for asylum seekers – how
this could influence reviewing of the asylum application. The applicant has the possibility to
independently review the information base in the Internet and contact an employee of the
Estonian Migration Foundation by telephone, fax, e-mail or letter. Generally, the employees
of the Estonian Migration Foundation go to provide counselling to the asylum seekers at the
Illuka Reception Centre for Asylum Seekers.
Requesting information regarding assisted voluntary return shall in no way influence review
of the asylum application of the person. Furthermore, as long as the asylum seeker has not
submitted a signed application for participating in the programme to the Estonian Migration
Foundation, the Estonian Migration Foundation is not obliged to inform the CMB of the
interest of the person in the assisted voluntary return programme. However, the Estonian
Migration Foundation informs the CMB in case if the Foundation is contacted by a person
who has no legal grounds for staying in Estonia and who has not been made a precept to leave
Estonia.
If a person has decided to leave with the help of assisted return project, he or she completes a
respective application. The application can be obtained from the Illuka Reception Centre for
Asylum Seekers, Estonian Migration Foundation or CMB and it can also be downloaded from
the homepage of the Estonian Migration Foundation. The application must be completed,
signed and delivered personally or my mail to the Estonian Migration Foundation. In order to
speed-up the process a copy of the application can also be sent by fax or e-mail. If necessary,
a consultant of the Estonian Migration Foundation will carry out an additional interview.
Submission of an application for assisted voluntary return does not cancel review of the
application for asylum or oblige a person to leave the country. At the same time, the fact that
a person is ready to return to the country of origin may influence the decision made by the
CMB. The application form includes a clause that the applicant agrees that the data presented
in the application are forwarded to the CMB.
The Estonian Migration Foundation informs the CMB of the decision of an asylum seeker,
person who has been granted international protection or a citizen of a third country who does
not have (no longer) a legal basis for the stay in Estonia, to participate in the assisted
voluntary return programme and sends to the CMB a copy of the application for participation
in the programme. CMB checks compliance of the data presented in the application with those
in the possession of the CMB, informs the Estonian Migration Foundation of the differences
and if there are circumstances due to which a person cannot participate in the assisted
23
voluntary return programme the Estonian Migration Foundation will be informed. In the case
of asylum seekers the CMB informs the Estonian Migration Foundation of all the decisions on
applications for asylum or its rejection or withdrawal. The final written response is give to the
application for participation in the programme as soon as possible.
If a person wishes to return to a third country (that is not the country of his or her origin), he
or she must submit together with the application, also the documents that explain the choice
made and prove readiness of the chosen country to accept the person.
The aliens who have received the precept to leave, must leave Estonia voluntarily before
arrival of the date of compulsory execution of the precept to leave. If an alien fails to follow
the deadline, execution of expulsion is initiated and the person no longer has the possibility to
voluntarily leave the country or apply for support for it.
If an alien who has decided to return does not have the necessary financial means for it, the
Estonian Migration Foundation will obtain flight or any other transport tickets to the desired
destination and may also pay financial return support that is given to the person directly
before leaving the country. If a person participating in the assisted voluntary return
programme leaves Estonia during the time indicated in the application and no other sanctions
are applicable for him/her, the person will not be forcefully expelled and he or she will not be
subject to further prohibition on entry into the territory of Estonia and other member states of
the Schengen area. If the applicant so wishes, the person is accompanied also by consultant of
the Estonian Migration Foundation who observes that the rights of the person are followed
according to the legislation and generally recognised normative if international law. If
necessary, the assisted voluntary return consultant of the Estonian Migration Foundation may
pay the financial support at the border immediately before the person leaves the country.
Due to the fact that a person may submit the application for international protection several
times, multiple participation in the assisted voluntary return programme cannot be excluded
although it is improbable.
B. The procedure for compulsory expulsion
According to the law31
an alien is required to leave Estonia if his or her basis for stay expires
and is not extended, and if he or she has no other basis for stay. The obligation to leave is an
31 Obligation to Leave and Prohibition on Entry Act, § 3 (2)
24
obligation of an alien to leave Estonia which arises expressly from the law or an
administrative act issued on the basis of the law.
Pursuant to the law, an alien who is obliged to leave Estonia during the validity of the basis
for stay. A precept – an administrative act obliging him or her to leave Estonia (a precept to
leave is issued) or legalise his or her stay in Estonia (a precept to legalise is issued) is issued
for an alien staying in Estonia without basis. An alien is obliged to fulfil a precept during the
shortest possible time. A precept is formalised in writing, it shall include among other things
also the obligation issued for the alien with the precept, a warning for the consequences of
failure to fulfil the precept, applicable supervisory measures, factual circumstances on which
the precept is based and the applicable legislative norms as well as reference regarding
contestation of the precept. A precept to leave need not be issued to an alien who leaves
Estonia within seven days as of the expiry of the basis of stay.32
Seven days is a period
during which a person has the right to voluntarily leave the country and receive the
voluntary leaving support. The precept to leave is subject to compulsory execution from
the 8th day.
A precept to leave issued to an alien who is staying in Estonia without a basis for stay shall be
subject to compulsory execution after the seventh day as of the date of issue of the precept. At
the same time, a precept to leave issued to an alien who is staying in Estonia without a basis
for stay, whose residence permit is revoked or whose residence permit has expired shall be
subject to compulsory execution after the sixtieth day as of the date of issue of the precept.33
Thus, the person has 59 days during which he or she has the right to leave the country
voluntarily and receive the voluntary leaving support.
The legal basis for the expulsion is provided by section 14 of the Obligation to Leave and
Prohibition on Entry Act, according to which:
1. An alien shall be expelled from Estonia upon expiry of the term for compulsory execution
of a precept to leave.
2. Before the expiry of the term for compulsory execution of a precept to leave or expiry of
the term for contestation or without the previous precept, an alien can be expelled with the
permission of an administrative court if it is necessary for ensuring protection of public order,
safety, health and moral or preventing a crime, also in the event of failure to comply with the
surveillance measures provided for in this Act.
32 Obligation to Leave and Prohibition on Entry Act, § 7 (4) 33
Obligation to Leave and Prohibition on Entry Act, § 8 (2)
25
3. An alien who entered Estonia illegally may be expelled without issuing a precept and
without the permission of an administrative court.
4. A prisoner who is an alien and who has no residence permit shall be expelled from Estonia
upon release or release on parole before the prescribed time without issuing a precept and
without the permission of an administrative court.
5. An alien who is staying in Estonia without a basis for stay may be expelled without issuing
a precept and without the permission of an administrative court upon expiry of his or her visa-
free period of stay permitted on the basis of an agreement on visa-free travel between states,
other international agreement or a resolution of the Government of the Republic to forego the
visa requirement.
6. An alien who is subject to decision on expulsion made on the basis of the grounds
mentioned in Article 3 of the Council Directive 2001/40/EC on the mutual recognition of
decisions on the expulsion of third country nationals 34
, which has not been revoked or suspended
by the country that made the decision, shall be expelled from Estonia without issuing a
precept and without the permission of an administrative court.
In the case of aforementioned points 4 and 6, the person shall have no right to voluntarily
leave the country and receive support for voluntary leaving. In other cases given in the list,
the possibility of voluntary leaving and support for voluntary return is not excluded.
The Act further establishes the cases when expulsion is not applicable and cases when
expulsion is suspended.
If the grounds for expulsion provided for in the law exist a border guard official, CMB official
or police official shall detain the alien and organise his or her leaving from Estonia.35
Pursuant to an agreement between the CMB and BBG the international relations service of the
border guard shall convoy upon expulsion also the aliens who have been suspended by the
CMB but the country of destination of who has no common border with the Republic of
Estonia.
Return to the country of origin is divided into three:
1. Voluntary leaving – this covers persons who decide to leave voluntarily without being
obliged to leave.
34 Council Directive 2001/40/EC, 2.06.2001, p 34-36
35 Obligation to Leave and Prohibition on Entry Act, § 15 (1)
26
2. Obligation to leave the country – this means voluntary return as well as compulsory
expulsion. Voluntary return means a person leaving the country during the time established
with the precept to leave. Forced expulsion means that the person failed to leave during the
established time. Thereafter a decision on expulsion of the alien is made and in general this
person can be sent to the Expulsion Centre36
which is followed by compulsory expulsion from
the country37
. Immediately before the expulsion an act on forced execution of the obligation
to leave is compiled for the person. After the compulsory expulsion the expelled person is
added to the register of persons with the prohibition to enter the country on the basis of the
compulsory execution act.38
3. Immediate expulsion – this means persons listed in section 14 4) and 6) of the Obligation to
Leave and Prohibition on Entry Act.
The right for support:
• Persons who have lived in Estonia for at least 10 last years and are now returning to
their country of residence are eligible for the return support. A condition for receiving the
return support is the obligation of the returnee to leave Estonia. The person can come back to
Estonia only provided that he or she pays the sum received for returning back to the state39
.
The support is paid through the Estonian Migration Foundation.
• Through the AVR II project return support is provided for the asylum seekers, persons
enjoying international protection and persons who are staying in the country illegally. The
support is paid with the financing of the European Return Fund and Ministry of the Interior.
• For a who is already staying at the Expulsion Centre, the head of the centre has the
right to grant support for his or her return to the country of residence, in such case the support
is paid by the CMB. This support is paid to the expelled person whose residence is located far
from the border point or airport of the receiving country and the persons need financial means
in order to arrive in their place of residence.
• Furthermore, the expelled person has the right to apply for the expulsion support from
the Estonian Migration Foundation.
36 A person is accommodated at the Expulsion Centre in the case if his or her expulsion is not possible during 48
hours since his or her detention 37
EMN study III “Estonian report. Return”, 2006 38
Pursuant to section 331 (3) of the Obligation to Leave and Prohibition on Entry Act
39 Pursuant to section 12(9) 4) of the Aliens Act, granting of residence permit shall be refused if a person has
received support for leaving Estonia
27
• the CMB projects through which it is possible to cover the return costs for first and
foremost the vulnerable groups and the costs of compulsory expulsion of aliens staying in the
country illegally, and the project of the BBG through which it is possible to cover the costs of
expulsion of the convoyed person – these supports are not meant as direct support for a person
but rather for the CMB and BBG to cover their costs and carry out activities. The supports
are paid through the financing of the European Return Fund and Ministry of the Interior.
Different return supports are more elaborately described in Chapter 4.
28
Drawing 7. Stages of voluntary return and expulsion from the country and the possible
supports in different stages
Country accepting a person to be expelled
A person to be expelled is expelled to the country from which he or she arrived in Estonia, to
the country of nationality, country of residence of an alien or with consent of a third country
to the third country. If there are options to choose from, the justified preferences of the person
to be expelled shall be taken as a basis if it does not significantly hinder execution of the
expulsion.40
If a person to be expelled has no accepting country, the possibility and the prospects of
expulsion are considered. The prospects of expulsion depend, in addition to existence of
40 Obligation to Leave and Prohibition on Entry Act, §17
Return
support
AVR II
project
Support on the basis
of the decision of the
Expulsion Centre
Support for
expelled
persons, CMB
and BBG
29
citizenship, also on other circumstances, including existence of an accepting country which
could be a third country. The perspective that a country accepts a person who has lived in
Estonia for a long period of time, who is not its citizen, is significantly lower than in the case
of a citizen of the respective country or a person who holds or held residence permit of that
country. Ties of the person to be expelled with the relevant country and the mere ethnic
characteristics and existence of close relatives in this country cannot be justification to the
position that the respective country may be the accepting country for a person with undefined
citizenship. This principle is also used for the stateless persons who are originally from the
states of the former USSR and have lived in Estonia for a long time. If it has not been possible
or it has been rarely possible to send persons to another country due to reasons depending on
that country, expulsion to this country should be considered to be with low perspective. At the
same time the CMB considers and assesses the expulsion perspective separately for each
person to be expelled, on the basis of the background and life circumstances of that person. In
its decision dated 13 November 2006, the Supreme Court (administrative case No 3-3-1-45-
06) has explained that if expulsion has low perspective in the case of the accepting country, a
person should not be accommodated at the Expulsion Centre with the aim of expulsion of the
person to that country because detention at the Expulsion Centre is an intensive intervention
into the right for freedom protected with section 20(2)6) of the Constitution.41
Since 1 May 2003 Obligation to Leave and Prohibition on Entry Act provides that an alien
may not be expelled to a state to which expulsion may result consequences specified in
Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms
or Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, or the application of death penalty. The expulsion of an
alien shall comply with Articles 32 and 33 of the United Nations Convention relating to the
Status of Refugees (together with the Protocol relating to the Status of Refugees of 31 January
1967).
Pursuant to section 91
of the State Borders Act persons who have arrived at a border
checkpoint from a foreign state and which are not permitted to cross the state border, and
persons who illegally cross the state border, are detained or seized and returned into a state
from or through which they arrive in or are conveyed into Estonia pursuant to the procedure
prescribed by law and international agreements, taking into account the exceptions provided
41 Third periodical report of the Republic of Estonia submitted on the basis of Article 40 of the UN citizen and
political rights international pact regarding implementation of this pact http://web-
static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf
30
for in the Citizen of European Union Act. Returning from the border is organised and the
costs are covered by the carrier who transported or whose representative transported to the
border point the person who was not granted permission for crossing the border.
Pursuant to section 22 of the Obligation to Leave and Prohibition on Entry Act, if the
admitting country refuses to admit a person to be expelled or if other circumstances impeding
the completion of expulsion become evident during the transportation to a border checkpoint
of the person to be expelled or at the border checkpoint, the person to be expelled shall be
detained by way of administrative procedure until the completion of his or her expulsion or
until he or she is placed in an Expulsion Centre, but the person to be expelled shall not be
detained for longer than forty-eight hours42
. If expulsion cannot be carried out during the
mentioned time the person to be expelled is accommodated until expulsion at the Expulsion
Centre with the permission of an administrative judge but not longer than for two months. If
during the term for detention the expulsion cannot be carried out at the Expulsion Centre, an
administrative court shall extend the term for detention at the Expulsion Centre of the person
to be expelled by up to two months until the carrying out of the expulsion or release of the
alien. 43
If a person to be expelled has no circumstances that hinder expulsion, he or she is expelled
during 48 hours from the detention of an alien. Until the completion of the expulsion an alien
is detained at the offices of BBG, CMB or the police, police house of detention or Expulsion
Centre.
A person to be expelled who is housed at the Expulsion Centre may be detained instead of the
Expulsion Centre at the house of detention of the police for up to 30 days. In the event of
detention at the house of detention of the police, conditions for execution of detention
established in the Imprisonment Act shall be applied.
42 Obligation to Leave and Prohibition on Entry Act, § 19 (2) regulates that an administrative judge may extend
the terms established in section 18 of the Obligation to Leave and Prohibition on Entry Act by three days. In
extraordinary cases the CMB has used this possibility. CMB letter to the Estonian Migration Foundation 6-
2/2009-78 43
Third periodical report of the Republic of Estonia submitted on the basis of Article 40 of the UN citizen and
political rights international pact regarding implementation of this pact http://web-
static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf
31
Expulsion centre
The Expulsion Centre was opened for the persons to be expelled in March 2003. The centre
has in total room for 42 persons to be expelled. The male and female persons to be expelled
are accommodated in separate rooms. If possible, family members are accommodated
together. The minors are accommodated separately from the adults, except if it is in clear
contradiction with the rights and interests of the minor. Upon the arrival at the Expulsion
Centre, medical examinations are organised for the persons to be expelled, and with the
consent of the person to be expelled check of communicable diseases is carried out. The
persons to be expelled are also ensured with urgent medical care. The persons to be expelled
are provided with correspondence and use of telephone, meetings with consular employees,
defence attorney and priest; with the consent of the head of the Expulsion Centre meetings
with other persons for personal, legal or business interests are allowed under supervision.44
The average time of detention of the persons to be expelled at the Expulsion Centre has been
110 days (4 months). In the case of some persons to be expelled their fast release and
expulsion from the country has been hindered due to different circumstances (e.g. refusal to
cooperate in applying for travel documents, court litigations etc45
). The speed and efficiency
of expulsion generally depend on the communication with the foreign representation of the
accepting country and willingness of the latter to facilitate return of their citizens to the
country of their nationality. Estonia has been facing the main problems with the expulsion of
persons to the Caucasian countries (e.g. Azerbaijan).46
A very efficient tool for organising
expulsion is the readmission agreement concluded between the countries.
In exceptional cases, the head of the Expulsion Centre has the right to decide to pay a single
benefit not exceeding the applicable subsistence limit established on the basis of the minimum
consumption expenditure may be paid to a person to be expelled upon his or her release form
the Expulsion Centre if the person lacks financial means, which currently in Estonia is 1,000
EEK. After the person to be expelled is released from the Expulsion Centre, the amount of
44 Third periodical report of the Republic of Estonia submitted on the basis of Article 40 of the UN citizen and
political rights international pact regarding implementation of this pact http://web-
static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf 45
Obligation to Leave and Prohibition on Entry Act, §264
regulates the obligations of persons to be expelled to
co-operate 46
http://www.siseministeerium.ee/public/RF_MAP_EST_final.pdf
32
such benefit may be collected, pursuant to the provisions of the Aliens Act, from the person to
be expelled or the person who invited him or her to Estonia.47
If a person to be expelled from the country is a person whose application for asylum has been
rejected or who has been denied international protection then the CMB shall issue him or her
a precept to leave Estonia, except if the alien has legal basis for the stay in Estonia.
In cases mentioned in the Granting Aliens International Protection Act:
1) another country can be considered the principal asylum country from the point of view of
the applicant, i.e. asylum or other protection has been accorded to the applicant in another
country, and such protection is still accessible to the applicant;
2) there is reason to consider the applicant’s country of origin a safe country of origin;
2. the applicant arrived in Estonia through a country that can be considered a safe third
country48
the BBG is entitled, with the approval of the CMB, to make a decision on rejecting
an application for asylum. If an alien has no legal basis for staying in Estonia, the precept to
leave shall be executed in a compulsory manner in the aforementioned cases without a delay
and the alien is expelled from Estonia without a permission of an administrative court
pursuant to the procedure established in the Obligation to Leave and Prohibition on Entry Act.
An asylum seeker is entitled to appeal the negative decision at an administrative court during
ten days from the publication of the decision. Appealing a decision to expel as well as the
permission for expulsion granted by an administrative court shall not postpone the expulsion,
except in case if the court suspends execution of the precept to leave. According to the Act on
Granting International Protection to Aliens if the decision to refuse the issue of a residence
permit and a precept to leave issued thereby is contested in an administrative court, the
precept to leave shall not be subject to compulsory execution before the adoption of a decision
by an administrative court of first instance. If there is good reason to believe that an alien will
not voluntarily comply with the precept to leave he or she shall be placed, with the permission
of an administrative court, in an Expulsion Centre until he or she is expelled.49
47 Obligation to Leave and Prohibition on Entry Act, § 26
18 lg 5
48 Provisions of section 20 (1) and (2) and section 21(1) 2) of the Act on Granting International Protection to
Aliens
49 Act on Granting International Protection to Aliens § 42 lg 2,3
33
If another Member state is responsible for reviewing an application for asylum submitted by a
citizen of a third country, the CMB shall make the decision to reject the application for
asylum, on the basis of which an alien shall be expelled from Estonia without issuing the
precept to leave and permission of an administrative court to toe country that according to an
international agreement or a legal act of the European Union is responsible for reviewing the
asylum application.50 In such case the person to be expelled is not entitled to voluntary return
or voluntary return support.
In the event that the person to be expelled is a citizen of the European Union and/or his or
her family member, the CMB shall issue a precept to leave Estonia for an alien staying in
Estonia and it shall be subject to compulsory execution during thirty days from the date of
issue of the precept. If a citizen of the European Union and/or his or her family member is a
risk to the safety of the country, the precept to leave shall be subject to immediate compulsory
execution.51
A citizen of the European Union shall have no right to receive material support
for voluntary return to the country of origin but the embassies assist the citizens of their
countries to return to the countries of origin.
3.2 Policies of the European Union in terms of assisted return
The aids of the European Refugee Fund have been allocated in Estonia through open project
competitions where assistance can be applied for by the public as well as private legal entities,
governmental authorities and agencies managed by them. The target group of the assistance
allocated from the Fund includes asylum seekers and persons who receive international
protection.
From the perspective of this study programmes European Refugee Fund 2005–2007 (EPF II)
and European Refugee Fund 2008–2013 (EPF III) are of importance.
Within the framework of the European Refugee Fund 2005–2007 (EPF II) programme
Estonia applied measures in the field of reception conditions and asylum proceedings,
integration and voluntary return. In total 11 projects, including 1 for reception conditions and
asylum proceedings, 4 for integration, 4 mixed projects (included reception conditions as well
as integration) and 2 voluntary return projects were funded.
50 Act on Granting International Protection to Aliens § 21 lg 1 p 1
51 Citizen of European Union Act
34
European Refugee Fund 2008–2013 (EPF III) was established within the framework of the
general programme “Solidarity and management of migration flows” of the decision of the
European Parliament and of the Council No 573/2007/EC (23.05.2007) for the period 2008–
2013. In addition to the EPF III the general programme opens also the European Return Fund,
European Fund for Integration of the Third Country Nationals and External Borders Fund. 52
In total 3 projects are financed within the framework of the EPF III programme.
The European Return Fund was established for the period of 1 January 2008 to 31 December
2013 with the aim of supporting efforts of the Member States in managing return and
supporting just and efficient realisation of common standards of return. Among other things
the Fund provides support for assisting voluntary return of such persons who have no
obligation to leave a country (persons who have received international protection, asylum
seekers) who previously were supported from the “Voluntary return” measure of the
European Refugee Fund. In total 4 projects will be carried out in Estonia from the 2008
resources of the European Return Fund (more information on the projects in chapter 4).
In order to obtain financing from the European Return Fund, the Member States must submit
to the European Commission a national multi-annual programme and national annual
programme. The multi-annual programme must set forth description of the initial situation of
the policy area covering the aims of the Return Fund and development strategy which is the
framework for the implementation of the measure set forth in the annual programmes. The
multi-annual programme of Estonia submitted to the Return Fund is in compliance with other
national and EU measures. The activities foreseen in the multi-annual programme are not
financed from other EU funds. Many of the main activities set forth in the multi-annual
programme are included in the 2008-2011 development plan of the area of administration of
the Ministry of the Interior53
, which was approved with Directive No 121 by the Minister of
the Interior dated 10 October 2007. This is a document that sets long-term political priorities
and establishes approximate resources for achieving them.54
In order to transpose the return directive the current Obligation to Leave and Prohibition on
Entry Act needs to be amended by the end of 2010, including in the following aspects:
52 Homepage of the Ministry of the Interior http://www.siseministeerium.ee/31140
53 Development Plan for the area of government of the Ministry of the Interior 2008-2011
http://www.siseministeerium.ee/36496 54
Homepage of the Ministry of the Interior http://www.siseministeerium.ee/public/RF_MAP_EST_final.pdf
35
• decrease the term for compulsory execution of the precept to leave for aliens whose
residence permit has been declared invalid or whose residence permit has expired from
current 60 days to 30 days;
• establish the possibility of extending the precept to leave as well as the procedure for
extension;
• modify the regulation of the 10-year prohibition on entry concurring with expulsion as
established in the law in the way that in the event of expulsion of a person, application of the
term for prohibition on entry is based on the specific person and circumstances related to him
or her;
• amend the current term of validity of application of the 10-year temporary prohibition
on entry so that only in the event of serious danger to public order or national security would
the prohibition on entry be applicable for more than five years (up to ten years);
• foresee that the prohibition on entry would not be applicable for the victims of human
trafficking who have been issued a residence permit pursuant to the Council Directive
2004/81/EC of 29 April 2004;
• regulate the possibility for the persons to be expelled to receive free legal assistance
(pursuant to the current Legal Aid Act, only aliens who at the time of submission of the
application for legal aid reside in the Republic of Estonia have such right);
• establish maximum term for detention of the person to be expelled, which on the basis
of the Directive is 18 months and establish the bases for extending the term for detention;
• establish the right of the person to be expelled to contact relevant and competent
national, international and non-governmental organisations and authorities (the applicable
legislation regulates only the possibility of the person to be expelled to meet with the consular
employees of the country of citizenship);
• establish the requirement for accommodating family members together (pursuant to
the applicable legislation family members are accommodated together if possible).55
3.2.1 European Pact on Immigration and Asylum
The Estonian positions regarding the Pact on Immigration and Asylum were approved by the
Government of the Republic on 28 August 2008 and by the European Union Affairs
Committee of the Riigikogu (Parliament) on 19 September 2008.56
55 G. Kaju response to the Estonian Migration Foundation 6-2/2009-75
36
The principles set forth in the Pact on Immigration and Asylum coincides with the current
migration policy of the Estonian government. Several questions that are important for Estonia
were also dealt within the mentioned Pact: for example development of the immigration
policy on the basis of needs and reception capacity; the right of the Member States to decide
on entry of citizens of third countries; development of strong readmission policy, maximum
use of the labour force in the European Union and surrender of different restrictions etc.57
3.2.2 Compliance with the European Union Directives
� Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions
on the expulsion of third country nationals. In order to improve cooperation between countries
with respect to expulsion Directive No 2001/40/EC was passed, the aim of which is to allow
recognition of such expulsion decisions which have been made by a competent authority of
one Member State for a citizen of a third country staying on the territory of another Member
State. In addition to that this Directive regulates the obligation of aliens to cover expulsion
costs also in case of recognition of the expulsion decisions. Thus, if a person to be expelled
lacks sufficient required financial means for covering his or her expulsion costs, in the event
of recognition of the expulsion decision, the costs of expulsion are claimed from the country
who made the expulsion decision pursuant to Council Decision 2004/191/EC (Art. 2613
(41)).
58 The need for updating the legislation was also conditioned by the fact that on 1 June
2007 the agreement for simplification of issue of short-term visas and the readmission
agreement entered into force between the European Union and the Russian Federation, which
foresee exceptions for implementation of national law in Estonia.
� Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit
for the purposes of removal by air. In relation to transposition of the mentioned Directive
2003/110/EC into Estonian legislation the amendment of the Obligation to Leave and
Prohibition on Entry Act entered into force on 14.12.2006. Due to the fact that Estonia carried
out expulsion by air also before, transposition of the Directive brought along very few
significant changes, only the responsibilities and function of different authorities was defined
more specifically. The legislation provided that an application for transit through Estonian air
space shall be submitted and the permission is granted by the agency appoint by the Ministry
56 State Chancellery www.riigikantselei.ee
57 G. Kaju response to the Estonian Migration Foundation 6-2/2009-75
58 Explanatory Memorandum for the draft Amendment Act of the Police Act, Aliens Act, Obligation to Leave and
Prohibition on Entry Act and Identity Documents Act
37
of the Interior. The central agency to receive the application for transit through Estonia is the
BBG. Nationally it is foreseen that approval procedures between the Police Board and the
Security Police Board are carried out before issuing a permit.59
� Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to
communicate passenger data. The aim of the mentioned Directive was to improve control
over illegal immigration and border control. The amendments entered into force in the State
Borders Act on 01.08.2006.
Amendments of the acts had two aims: 1) to improve control at the external border, 2) to
ensure efficient national security in the conditions of increasing movement of individuals. The
new wording of the law obliges air carriers to present data regarding passengers carried from
outside of the EU to Estonia and from Estonia to outside the EU. Furthermore, the air carriers
are obliged to forward data on passengers carried on domestic lines of the EU to the border
guard or allow free access to the data by the border guard.60
� Council Decision 2004/191/EC setting out the criteria and practical arrangements for the
compensation of the financial imbalances resulting from the application of Directive
2001/40/EC on the mutual recognition of decisions on the expulsion of third-country
nationals. The amendments entered into force in the Obligation to Leave and Prohibition on
Entry Act when Estonia join the Schengen area on 2007.
� Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for
removals from the territory of two or more Member States, of third-country nationals who are
subjects of individual removal orders. The parties to the agreement (agreement between
Austria, Belgium, Spain, Luxembourg, Holland, France and Germany for improving cross-
border cooperation in fight against terrorism, cross-border crime and illegal immigration)
assist each other in relation to expulsion measures. The Member States inform each other of
the planned expulsion measures in good time and as much as possible, give other parties to
the agreement the possibility to participate. In order to take common expulsion measures, the
parties to the agreement agree on a procedure for escorting the persons to be expelled and
ensuring safety. FRONTEX is involved in organising and coordinating joint flights.
� Directive 2008/115/EC of the European Parliament and of the Council of 16
December 2008 on common standards and procedures in Member States for returning
illegally staying third-country nationals. The amendments will enter into force on 2010.
59 Explanatory memorandum to the draft amendment of the Obligation to Leave and Prohibition on Entry Act 2-
1-1/3504 60
Explanatory memorandum to the State Borders Act Amendment Act 2-1-1/4509
38
3.2.3. Readmission agreements
Estonia has concluded readmission agreements with 22 countries: Latvia, Lithuania, Finland,
Norway, Sweden, Iceland, Slovenia, Italy, Switzerland, France, Germany, the Benelux
countries (Belgium, Holland and Luxemburg), Spain, Croatia, Austria, Portugal, Hungary,
Russia, Bulgaria and Romania. Drafts of the readmission agreements with Georgia61
,
Azerbaijan, Armenia, Greece and Ukraine are being drafted. In the case of the rest of the
countries, data sent on the person to be expelled and good practice is taken as the basis. The
readmission agreements are concluded with the aim of ensuring fast return of a person who is
illegally staying in the country or arrives illegally in the country to the country of his or her
origin or citizenship.
Readmission agreement between the European Union and the Russian Federation was
concluded on 25 May 2006 (entered into force on 1 June 2007). This agreement should
simplify the procedure of sending people back to Russia. With the entry into force of the
readmission agreement the Russian foreign representation is obliged to promptly and
irrespective of the will of the person issue the necessary travel document to a person to be
readmitted. The agreement further simplifies expulsion of citizens of third countries who have
arrived in the European Union through the Russian Federation. In this respect, the Russian
Federation has been granted a 3-year transition period. 62
Initially, Russia will be accepting
back only the citizens of the third countries with which they have concluded readmission
agreements.63
61 Signing will take place in the nearest future. CMB letter to the Estonian Migration Foundation 6-2/2009-78
62 Third periodical report of the Republic of Estonia submitted on the basis of Article 40 of the UN citizen and
political rights international pact regarding implementation of this pact http://web-
static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf 63
In addition to the readmission agreement it is necessary to conclude its implementation protocols, negotiations
are still ongoing in this respect (2-year transition period). Thus the readmission agreement is in force partially.
CMB letter to the Estonian Migration Foundation 6-2/2009-78
39
4. OVERVIEW OF ASSISTED RETURN ACTIVITIES - RELATED
AUTHORITIES, PROJECTS
A person has the possibility to voluntarily leave a country (in certain cases this possibility is
not available) or compulsory expulsion is applied. Expulsion from the border is a task of the
BBG. Different ministries (Ministry of the Interior64
, Ministry of Justice) and state agencies
(CMB, BBG, Security Police Board) participate in the process of expulsion. The
representatives of the third sector (Estonian Migration Foundation) have the function of
supporting the expulsion. The Estonian Migration Foundation is involved in supporting
voluntary return. Cooperation is carried out inside an authority between different departments
(e.g. in the CMB the Refugees Department co-operates with the Migration Supervision
Department) as well as between different state authorities (e.g. the CMB and the BBG).
Furthermore, the CMB cooperates in the field of return and expulsion with the Estonian
Migration Foundation (the co-operation between the authorities is regulated with the Good
Will co-operation agreement). From the end of the 1990s until the beginning of 2002
voluntary return was supported, in addition to the Estonian Migration Foundation also by the
IOM that offered asylum seekers the possibility to participate in the assisted voluntary return
programme.65
After the IOM programme was completed the asylum seekers had no possibility
of assisted voluntary return until the year 200766
when the Estonian Migration Foundation
started supporting their voluntary return with the co-financing of the European Refugee Fund
and Ministry of the Interior.
Assisted voluntary return has been covered in Estonia through different projects. This study
views mainly the activities and programmes of the Estonian Migration Foundation and the
programmes supporting return which are co-financed by the European funds since 2006 due
to the fact that during the preceding period voluntary return has not been systematically
supported.
64 Pursuant to Regulation No 185 by the Government of the Republic dated 11 May 2004 “Statutes of the
Ministry of the Interior” analysing, planning and coordination of realization of prevention and combating illegal
immigration and illegal employment is within the competence of the Ministry of the Interior. 65
IOM, Return Migration: Policies and Practices in Europe, January 2004, p 98 66
The authors of this paper have no statistical data on the number of the participants in the IOM return
programme
40
Activities of the Estonian Migration Foundation
The Estonian Migration Foundation was established by the order of the Government of the
Republic of Estonia on 10 June 1992. In 1998 the Estonian Migration Foundation was
reorganised into a foundation with the name Sihtasutus Eesti Migratsioonifond (Foundation
Estonian Migration Foundation). The Ministry of the Interior was appointed as the executor of
the right of the founder. Pursuant to the statutes the Estonian Migration Foundation is a legal
person governed by private law.
The Estonian Migration Foundation provides consultations in migration issues to persons
repatriating to Estonia (return to the country of origin of Estonian citizens and ethnic
Estonians) as well as those leaving (citizens of third countries) and if necessary provides
financial assistance to migrants. The activities of the foundation specified in the statutes also
include collecting information regarding migration and integration processes and their
participants, preparing studies and overviews regarding migration and publishing migration
information.
Collapse of the Soviet Union and regaining of independence of Estonia created a group of
people who had no Estonian citizenship as well as prospects to obtain it. These people were
mainly aliens who had immigrated to Estonia during the occupation, military staff of the
Soviet army and their family members. As Estonians who in 1991 were left outside the border
of the country that had regained independence, the aliens in Estonia wanted to return to the
country of their origin. Providing assistance for their returning became the biggest area of
work for the Estonian Migration Foundation. Due to the fact that this involved tens of
thousands of people who wanted to leave Estonia and Estonia lacked material resources to
assist such a large number of people, assistance was requested and obtained from foreign
countries. The biggest supporters were the United States of America, Finland, Sweden and the
Netherlands. During the first years aliens were offered only financial help on the basis of
fixed criteria, in the middle of the 1990 aid scheme for relocation of Russian army pensioners
was started with the help of the government of the United States of America, within the
framework of which hundreds of former members of the Soviet army who had stayed in
Estonia were given the so called apartment vouchers for housing in Russia. When during the
first years of the Estonian Migration Foundation the donor countries allocated resources for
voluntary return of non-citizens and citizens of third countries then now the main activities
are financed only from the Estonian state budget. Different voluntary return projects have
41
been supported through co-financing of the European Refugee Fund and European Return
Fund.
Migration supports provided by the Estonian Migration Foundation
The migration supports of the Estonian Migration Foundation can be divided into two big
groups:
1. Support for Estonians and citizens of Estonia for their return to the Republic of Estonia,
which is financed from the Estonian state budget.
3. Support for aliens for their return to a third country, which in turn is divided into:
2.1 Return support – financed from the Estonian state budget;
2.2 Support for persons to be expelled – financed from the Estonian state budget;
2.3. Assisted voluntary return support (AVR II project) – financed from the European Return
Fund and budget of the Ministry of the Interior and is divided by the target groups of the
beneficiaries:
2.3.1. Support for asylum seekers;
2.3.2. Support for persons who have been granted international protection;
2.3.3. other citizens of third countries and stateless persons staying in the Republic of Estonia
who (no longer) do not comply with the conditions for entry to and/or stay in the country.
Return support
The return support is first and foremost aimed at aliens living in Estonia on the basis of
residence permit who express their voluntary will to have their residence permit declared
invalid and leave Estonia. The support is meant for covering costs related to leaving (moving
and transport cost, costs on formalising documents, taxes, fees etc) and ensuring first feeds
(expenses on food, housing etc) in the new country of residence.
The target group of the support:
The applicants for the support can be aliens who have permanently lived in Estonia at least for
the last 10 years and who voluntarily undertake the written obligation to leave Estonia but
have no material resources for leaving.
Circumstances excluding granting of the support:
• the person is an ethnic Estonian, citizen of the Republic of Estonia, European Union,
country of the European Economic Area or the Swiss Confederation;
42
• a spouse or close relative of the person stays to live in Estonia thereby creating a
situation where according to Estonian legal acts the person is entitled to apply for residence
permit;
• due to the economic condition of the person payment of the support is not justified.
If considerable circumstances occur the Estonian Migration Foundation has the right to make
exceptions in the above cases. In order to clarify circumstances related to granting of the
support the Estonian Migration Foundation has the right to request additional documents.67
The upper limit of the return support is 15, 000 EEK.
Statistics related to beneficiaries of the return support is analysed in chapter 2.3.
Expulsion support
Due to humanitarian considerations the Estonian Migration Foundation may pay the person to
be expelled financial support for travel and living costs for arriving at the residence or home
in the country of destination.
The applicant must complete and sign an application and submit it to the Estonian Migration
Foundation. The application for expulsion support must be submitted before expulsion from
Estonia.
Until the year 2007 the Estonian Migration Foundation compensated transport costs or costs
related to obtaining travel documents related to the person to be expelled on the basis of an
application from the authority carrying out the expulsion (CMB, BBG). The person to be
expelled did not receive the material support from the Estonian Migration Foundation
personally. In 2009 the principles of the Estonian Migration Foundation in supporting the
expelled persons changed 68
and on the basis of these principles 5 persons to be expelled have
received support for travel and living costs for arriving at the residence or home in the country
of destination during this year.
67 Complete and exhaustive list if the required documents can be found at the homepage of the Estonian
Migration Foundation: http://www.migfond.ee/index.php?page=1268&lang=est 68
The principles for supporting persons to be expelled are set forth in the chapter on statistics 2.3
43
Statistics on the number of the persons to be expelled who have been granted support can be
found in chapter 2.3.
Projects carried and being carried out with the co-financing of the European Refugee
Fund and European Return Fund
Below is the overview of the projects for assisted voluntary return carried out with the co-
financing of the European Refugee Fund and European Return Fund and projects for assisted
voluntary return carried out with the co-financing of the European Return Find and Ministry
of the Interior carried out since 2009.
Activities of 2006 -2007:
• Pilot project “Informing, counselling and assisting persons applying for
international protection and persons who have received international protection in their
return to the country of origin”.
The project period was 31.12.2006 - 31.12.2007 and it was carried out by the Estonian
Migration Foundation with the co-financing of the Ministry of the Interior and European
Refugee Fund. The project measure was voluntary return.
Before the execution of the 2007 pilot project not a single asylum seeker had voluntarily
returned from Estonia to his or her home country. There were no respective experiences and
procedures for supporting voluntary return but also enabling such assistance. Therefore one of
the main activities of the pilot project was to develop procedures for voluntary return.69
The aim of the project was to provide the project target group (asylum seekers, persons
enjoying international protection as well as persons who had been denied protection by the
Republic of Estonia) information on the possibilities of voluntary return and assist them in
returning. During the course of the project action programme and information materials were
developed, project staff was trained and co-operation contacts with partners in the country and
abroad were established. In 2007, in total 8 persons received consultations, one of them
returned to home country with the help of the project. More statistical data can be found in
chapter 2.3 on statistics.
Electronic information basis for the programme was developed within the framework of the
project (www.migfond.ee/avr).
69 M. Eber response to the Estonian Migration Foundation6-2/2009-74
44
Activities of 2007 - 2008:
• “Assisted voluntary return (AVR)”
The project was a continuation and extension of the pilot project “Informing, counselling and
assisting persons applying for international protection and persons who have received
international protection in their return to the country of origin” which was financed from the
funds of the year 2006. The project was carried out by the Estonian Migration Foundation and
co-financing was provided by the Ministry of the Interior and European Refugee Fund. The
project period was 12 months – from January 2008 to the end of the same year.
The aim of the project was to support voluntary return to the home country of persons who
had applied for international protection from Estonia and had received protection here. Within
the framework of the project the persons in the target group were informed of the possibilities
of voluntary return, offering in addition social and legal counselling and assistance for
returning. During the course of the project knowledge of organisations and persons involved
in work with asylum seekers and persons enjoying international protection regarding the
possibilities of voluntary return was improved and the necessary procedures were developed.
The input for achieving the aims was given with the study “Supporting voluntary return of
asylum seekers and refugees”, which maps and analyses practices related to voluntary
return70
.
Activities of 2009 (Projects financed within the framework of the 2008 programme of the
Return Fund):
1) Project “Assisted voluntary return (AVR) II”.
Duration of the project is 8 months – May 2009 to December 2009. The project is carried out
by the Estonian Migration Foundation. The project is financed by the European Return Fund
and the Ministry of the Interior.
The project was aimed at the European Return Fund measures “development of a voluntary
return-related consultation system” and “development of a support system for voluntary
return”. The general objective of the project is to develop return management in Estonia.
Overall, this meant for the Estonian Migration Foundation continuation and extension of the
activities started within the framework of the 2006, 2007 and 2008 projects of the Refugee
Fund.
70 The study was compiled by the Legal Information Centre for Human Rights in 2008
http://www.humanrights.ee/files/ARUANNE_final_rev.pdf
45
The counselling and support system developed within the framework of the project was called
the AVRE programme (Assisted Voluntary Return from Estonia),71
with the help of which an
alien has the possibility to apply for support for voluntary return to the country of origin or
another third country. The AVRE programme is aimed at aliens who have never had legal
basis for stay in Estonia or the basis has expired and they are not able to or wish to legalise
their stay in Estonia; as well as at asylum seekers and persons receiving international
protection.
The support of the AVRE programme is meant for ensuring costs related to leaving (moving
and transport costs, costs on obtaining documents, taxes, fees etc) and covering first needs
(costs on food, housing etc) in the new country of residence. Due to the needs of the
returnees, there is a wish to provide personal re-integration counselling within the framework
of the AVRE programme in order to support future subsistence of a person the country of
origin.
Target groups of the support:
The following persons are entitled to apply for voluntary return support from the AVRE
programme:
• asylum seekers staying in Estonia and persons who have contested in the court the
decision made regarding the application for asylum;
• persons who have received international protection and are staying in the Republic of
Estonia;
• all other citizens of third countries and stateless persons staying in Estonia who do not
(no longer) comply with the conditions for entry to and/or stay in the country.
Among others, the following persons belong to the group of aliens who do not (no longer)
comply with the conditions for entry to and/or stay in the country:
• persons who have never had a basis for entry to or stay in Estonia;
• persons whose visa has expired or declared invalid;
• persons whose period of stay in Estonia has expired or prematurely terminated;
• persons whose temporary residence permit has expired due to arrival of the term or has
been declared invalid or whose long-term resident residence permit has been declared invalid;
71 Grete Kaju, AVR II project consultant response to analysis of the study 6-2/2009-75
46
• persons who have been denied asylum or whose application for asylum has been
rejected (and the decision has entered into force);
• persons who have withdrawn their application for asylum.72
The aims of the project are establishing the voluntary return consultancy system and
establishing the voluntary return supports system.
The upper limit of the support paid from the AVRE programme is 20, 000 EEK per support.
As in August 2009 three members of the direct target group have been supported. During the
course of the project it is planned to support voluntary return of ten persons. More statistical
data can be found in chapter 2.3 on statistics.
2) Project “Application of compulsory expulsion”73
.
The duration of the project is 1 January 2009 to 31 December 2009. The project is carried out
by the CMB. The project is financed from the funds of the European Return Fund and
Ministry of the Interior. The project measure is application of compulsory expulsion of aliens
whose stay in the country is not legal (no longer). The project is meant for authorities for
carrying out project activities and the persons to be expelled cannot apply for the support
personally.
The aim of the project is to ensure sufficient funds for the CMB in order to carry out
compulsory expulsions:
• to organise travel documents for the persons to be expelled – expulsion of a citizen of
a third country presumes existence of a valid travel document or certificate of return. If in the
case of most countries of destination a travel document or certificate of return is issued for a
person free of charge, then in the case of certain countries (e.g. the Russian Federation) a state
fee must be paid for a travel document or certificate of return. The state fee is paid according
to the invoice presented by the country of destination.
In 2008 in total 17 citizens of the Russian Federation who were staying at the Expulsion
Centre were deported. Within the framework of the project paying for 20 travel documents is
planned for the year 2009.
72 At the moment of writing of this report, the criteria of the AVRE project are still in the process of co-
ordination at the Ministry of the Interior, thus the list might not be complete. Response of the Ministry of the
Interior to the Estonian Migration Foundation 6-2/2009-66 73
More information on projects from the home page of the Ministry of the Interior
http://www.siseministeerium.ee/31140
47
• to organise travel of the person to be expelled to the country of destination – the CMB
carries out convoying of the persons to be expelled to the countries with which Estonia has
land border. In the event of expulsion to the border of Estonia, transport of the person to be
expelled takes place with the alarm vehicles of the CMB (vehicles of the migration inspectors
and convoy buses of the Expulsion Centre). During the past two years the CMB carried out
expulsion by land in an average 28 times a year. On the basis of practice of the previous
years, it is expected that 30 persons will be expelled within the framework of the project
during 2009.
• to organise travel of the convoying officials – due to the fact that in the event of
compulsory expulsion voluntary leaving of the alien is excluded and expulsion takes place
against the will of the person, availability of a convoy is important for organising such
expulsion. According to the common practice, a two-member convoy is used for compulsory
expulsion of a person. Within the framework of this project it is expected to carry out
expulsion of 30 persons.
The users of the project and the target group of the project are:
1. Citizens of third countries whose obligation to leave is subject to compulsory
execution.
2. Members of the convoy team – members of the convoying team are entitled to daily
allowance of mission if an official has to travel farther than 50 km from the location where his
or her place of service is located. Thus the project allocates daily allowance for convoy for
domestic missions.74
As on 31.07.2009 organisation of expulsion of 13 persons has been financed (convoy and
travel costs internally, costs on travel documents).75
3) Project “Allocation of material support for persons to be expelled”76
.
The duration of the project is 1 April 2009 to 31 December 2009. The project is carried out by
the CMB. The project is financed by the European Return Fund and the Ministry of the
Interior. The measure of the project is establishing special measures for expulsion of
74 CMB letter to the Estonian Migration Foundation 6-2/2009-76
75 CMB letter to the Estonian Migration Foundation 6-2/2009-78
76 More information on projects from the home page of the Ministry of the Interior
http://www.siseministeerium.ee/31140
48
vulnerable groups. The project is meant for authorities for carrying out project activities and
the support cannot be applied for personally by the persons to be expelled.
The aim of this project is to, through material supports, ensure the more humane side of
expulsion of the citizens of third countries. For fulfilling this aim, financial support will be
paid for persons to be expelled who have no possibilities or means for subsistence in the
country of destination. In order to ensure the more humane side of expulsion, the cases of
expulsion must be viewed individually, for example, expulsion of a chronically ill or disabled
person to the country of destination significantly harm the basic rights of the person. In order
to still carry the expulsion out taking into account all the possible aspects related to human
dignity, it would be rational to ensure the persons to be expelled with the possibility of
obtaining material support on the basis of their specific needs. Until now such assistance has
not been regularly provided to the persons to be expelled from Estonia and until now the
expulsion of a person to the country of destination has been postponed until improvement of
health of the person or lapse of other circumstances hindering expulsion.
Allocating material support would among other things speed-up the procedures for expulsion
in situations where expulsion is delayed due to the impact of expulsion on health status of a
person. Financial support should ensure aliens with initial transport and living costs due to the
fact that very often the persons to be expulsed have not maintained close contacts with the
target country and in some cases have no housing there. It is especially important in the case
of aliens with certain special needs (e.g. people infected with AIDS, disabled persons, persons
with serious health disorder, people with small children) for whom expulsion may mean
serious deterioration of health. Certain material security would increase motivation of aliens
to cooperate with the officials and would make the expulsion process faster and more humane.
Considering the average number of the persons subject to compulsory expulsion per year and
the practice so far, the CMB expects that during the year 2009 expulsion of 10 persons with
sufficient possibilities and means for subsistence in the country of destination will be carried
out. Due to the fact until today the CMB has not offered material support to the persons
subject to compulsory expulsion, a regulation that would allow granting material assistance to
the expelled persons and assessing the sum necessary for the subsistence of the person subject
to compulsory expulsion will be established during the course of the project. For that purpose,
internal regulation of the CMB for assessing the need for and the size of the assistance will be
established within the framework of the project.
In order to disseminate information necessary for obtaining material support, the CMB has
planned to compile, print and disseminate within the framework of this project information
49
materials in issues related to expulsion of persons belonging to vulnerable groups. In addition
to Estonian, the information materials will be published in Russian, English, Spanish and
French. The aforementioned languages can be considered the most common languages among
the persons expelled from Estonia. Information materials are disseminated through the
migration offices under jurisdiction of the CMB and the Expulsion Centre as well as among
co-operation partners.
The users of the project and the target group of the project are:
1. The direct target group of the project includes persons to be expelled who in the target
country have no possibilities or means to sustain themselves. Considering the average annual
number of persons to be expelled, it is expected that 10 persons will be expelled.
2. The indirect target group of the project includes also officials who carry out the expulsion.
4) Project “Application of compulsory expulsion”77
.
The duration of the project is 1 January 2009 to 31 December 2009. The project is carried out
by the BBG. The project is financed by the European Return Fund and the Ministry of the
Interior. The measure of the project is application of compulsory expulsion on aliens whose
stay in the country is not legal (no longer).
The general aim of the project is to ensure availability of sufficient resources that would allow
covering travel costs of the person to be expelled and the convoying officials during the entire
expulsion process. This aims to achieve a situation where expulsion is more efficient and fast
and as few problems as possible would occur.
During the realisation of the project the documented persons subject to expulsion have been
expelled from the country and successfully transferred to the responsible authority of the
country of destination. Within the framework of the project the following activities are carried
out:
1. In cooperation with the CMB mapping of aliens whose stay in the country is not legal
(no longer) is carried out continuously.
2. Expulsion (convoyed) of the given persons from the country is carried out. This
activity includes road transport of the convoyed persons to the border and/or country of
destination, procurement of flight tickets to the country of destination, meals during the
convoying process and transfer to the competent authority of the country of destination.
77 More information on projects from the home page of the Ministry of the Interior
http://www.siseministeerium.ee/31140
50
Additionally, expulsion from the country includes organising of travel of the convoying
officials to the country of destination and back and arrangement of accommodation in the
country of destination. The convoying officials are ensured covering of the costs related to the
assignment according to the directives on assignments. If necessary, visas of the country of
destination will be obtained for the convoying officials. The convoy is ensured
communication through satellite-terminals regardless of the country of destination. The
equipment will be obtained through purchase, considering the fact that the border guard must
be ready to carry out compulsory expulsion in relatively short notice and that the necessary
equipment must be ensured for round-the-clock use.
The target group of the project includes citizens of third countries who do not comply or no
longer comply with the conditions for entry to and/or staying in Estonia. Additionally, the
target group includes border guard officials who carry out compulsory expulsion or
convoying, regardless of the country of destination.
Taking into account that the Eastern border of Estonia became the external border of the EU
due to expansion of the Schengen common visa area at the end of 2007, increase of living
standard in Estonia and increasingly intensive migration flows in global perspective, it can be
predicted that the migration pressure towards Estonia and the EU will somewhat increase. The
BBG has been involved in expulsion since the second half of 2007. In 2007 the BBG carried
out expulsion of 9 individuals. In 2008 in total 19 persons were expelled. On the basis of the
statistical indicators we can assume increase of expulsions by the BBG also during the
following years. For 2009 the BBG has planned compulsory expulsion of nearly 30 persons.
This is calculated on the basis of the statistics and trends of the previous years and taking into
account the number of persons in the Expulsion Centre (13) as on 12.03.2009. Through
realisation of the project the capacity of the border guard in ensuring efficient and operative
expulsion of aliens who (no longer) do not have legal grounds for staying in the country, will
be increased.
As at the end of august no members of the target group had been supported from the funds of
the project.78
78 CMB letter to the Estonian Migration Foundation 6-2/2009-78
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4.1 Motives for assisted return
• The biggest motivator for assisted return is the possibility of receiving material
support. An applicant can plan his or her expenses by doing calculation of the budget needed
for return – the calculation should show different costs on the way back home as well as costs
upon arrival to the country of destination (renting housing during first months, food for
money etc).
• If an alien participated in the assisted voluntary return programme and leaves the
country during the time provided for him or her, then usually the returnee is not issued a
decision on expulsion and he or she will not be subject to prohibition on entry into the Estonia
and other member states of the Schengen Convention.79
• Assisted voluntary leaving from a country is safe, humane and dignified and gives the
possibility to start a new life in one’s home country with the help of the return support.
4.2 Obstacles to assisted return
• The small number of asylum seekers has a significant influence on the practical side of
the assisted return projects because the low demand does not allow offering services that in
their quality would be comparable with those offered by several other EU countries. Provision
of different services, such as legal counselling has proved to be in poor request. Due to the
lack of application, it is also difficult to train good specialists because theoretical readiness
alone is not sufficient.
• The Granting Aliens International Protection Act describes cases80
when an asylum
seeker has no right for voluntary return, thus also the right for support for voluntary return due
to the fact that in the mentioned cases the precept to leave issued for an alien will be executed
without a delay and the alien is expelled from Estonia. These cases also include when an
asylum seeker withdraws his or her application for asylum and decides to return to the country
of origin (in such case the precept to leave might not be subject to immediate execution).
However, in such case it is impossible to provide support to the voluntary decision of an
79 Participation in the assisted return programme does not guarantee that a person will not be issued the
prohibition on entry to the European Union and Estonia 80
Granting Aliens International Protection Act, § 26 (1), (2)
52
asylum seeker to return to the country of origin because he or she is subject to immediate
expulsion from the country. Thus the asylum seeker has no possibility as well as motivation to
surrender the application for asylum and return to the country of origin.
• Pursuant to section 14 (3)1 of the Obligation to Leave and Prohibition on Entry Act a
detainee who is an alien without a residence permit or right of residence shall be expelled
from Estonia upon his or her release from the prison without a precept and without a
permission from an administrative court. However, in reality such group of people needs
assistance in returning to the country of origin. At the moment they cannot be supported
because their leaving of the country is not voluntary.
• From the point of view of the Estonian Migration Foundation a problem lies in the
lack of employees who would counsel the returnees and review the applications. Currently
there is only one person for that and due to that it is always not possible to provide the
returnees thorough individual counselling.
4.3 Consultations on assisted return
In addition to providing material support, the Estonian Migration Foundation offers, if
necessary, counselling in obtaining documents, logistic planning of migration and
communicating with different authorities (local municipality, Tax and Customs Board, CMB
etc). Considering the small number of employees of the Estonian Migration Foundation in this
specific area of work, it is impossible to provide all applicants with individual social
counselling, but application for the return support has been made as convenient as possible for
the applicants and it is not required to personally appear at the office of the Estonian
Migration Foundation in order to apply for the support but the person can go to the nearest
regional office of the CMB with which the Estonian Migration Foundation has a co-operation
agreement. If a returnee submits an application to the CMB, the respective documents are
accepted from him or her and they are forwarded to the Migration Foundation together with
the application form. If there are deficiencies in the documents, the consultant of the
Foundation contacts the applicant and instructs (mainly by phone) how to eliminate the
deficiencies. If an applicant contacts directly the Estonian Migration Foundation, the
consultant provides the applicant information in terms of documents to be submitted as well
as any other questions that may arise. For example, contact data of the agencies needed for
transport of personal property are forwarded, information is given on the possible taxes and
53
fees related to resettlement in Estonia as well as in the third country etc. Due to the lack of
staff the Estonian Migration Foundation is unable to offer individual psycho-social
counselling related to resettlement.
The assisted voluntary return project employs one project manager, one half-time consultant
and one half-time advisor – thus individual consultations can be provided for each applicant
within the framework of this project.
54
5. RE-INTEGRATION AND SUSTAINABILITY OF RETURN
PROJECTS
In many European Union countries re-integration assistance is a very important part of the
assisted return, i.e. the returning person is provided assistance in the country of destination
during a certain period and the same time efficiency of the provided assistance is monitored.
The re-integration measures form a part of the return support and first and foremost focus on
helping the returnees to start their lives in a new country. This may mean a certain sum of
support to cover initial living expenses, certain start-up assistance for starting business or
studies but also assistance in finding employment, school or accommodation. In addition to
that, in the future the country can help the aliens returning to the country of origin by offering
language studies and other training (e.g. computer, business and vocational training), should
the person need it. Supporting re-integration allows observing the well-being of the returnees
in the country of origin and if necessary applying additional measures.
Estonia does not have any cross-border control on how the returnees adjusted in their home
country and how successful was their re-integration to their country of origin. Furthermore,
Estonia does not have competence abroad to check how the person who received return
support has used the money. The reason for the lack of such feedback is that the applicants are
not obliged to inform the organisations carrying out the project which granted the support of
their activities after return.. In single cases the CMB has helped aliens who are to be expelled
who belong to a specific group with special needs or a risk group who need assistance in
returning to their country of origin by contacting a social or child welfare employees of the
country of origin, informing them of the person in need and the needs and risks related to this
person. This has helped the returning persons to manage better settling their lives.
In the future it can be expected that the IOM81
will intensify its activities in Estonia and its
participation in the better re-integration process for asylum seekers.
Within the framework of the AVR II project it is planned to start in 2009 and continue in the
follow-up project of 2010 establishing contacts with countries and organisations that have
knowledge and experience in the field of reintegration as well as continue the activities
already started. An important role is played establishing direct contacts with the local
municipalities and authorities of other countries as well as different international
81 IOM- International Migration Organisation
55
organisations in issues what the state can offer and mediate and what is necessary for aliens to
settle their life in a new country. The possible re-integration partners are mapped. In order to
find out co-operation possibilities intensive communication and if necessary, bilateral visits
are necessary. Another output for starting re-integration activities is finding out the re-
integration needs of the direct target group. For that purpose, a questionnaire on expectations
and needs in the field of re-integration is compiled within the framework of the project. All
the recipients of the support are requested to complete the questionnaire (e.g. with the help of
the consultant). This helps mapping the expectations and needs of the direct target group in
the field of re-integration and it can be used as the basis for planning activities for the follow-
up project in 2010.82
82 By the completion of this report no feedback had been received from the questionnaires on reintegration
56
USED LITERATURE
Publications:
• Supporting voluntary return of asylum seekers and refugees, Tallinn, Legal
Information Centre for Human Rights, 2008
• CMB development directions 2006-2010 www.mig.ee
• Third periodical report of the Republic of Estonia submitted on the basis of Article 40
of the UN citizen and political rights international pact regarding implementation of this pact
http://web static.vm.ee/static/failid/106/CCPR_Kolmas_perioodiline_aruanne%20_est_.pdf
• EMN study III “Estonian report. Return”, 2006
• Development plan for the area of government of the Ministry of the Interior 2008-
2011
Legal acts:
• Obligation to Leave and Prohibition on Entry Act
• Explanatory memorandum No 2-1-1/3504 to the draft amendment of the Obligation to
Leave and Prohibition on Entry Act
• Principles of payment of migration supports of Estonian Migration Foundation
01.02.2009
• Act on Granting International Protection to Aliens
• Aliens Act
• Citizen of European Union Act
• State Borders Act
• Explanatory memorandum No 2-1-1/4509 to the draft amendment of the State Borders
Act
• Explanatory memorandum to the draft Amendment Act of the Police Act, Aliens Act,
Obligation to Leave and Prohibition on Entry Act and Identity Documents Act
• Statutes of the Ministry of the Interior No 185, 11.05.2004
Homepages:
• CMB www.mig.ee
57
• Ministry of the Interior www.siseministeerium.ee
• Estonian Migration Foundation www.migfond.ee
• State Chancellery www. riigikantselei.ee
Other:
• BBG letter to Estonian Migration Foundation 6-2/2009-65
• Martin Eber, consultant of the Estonian Migration Foundation response to the
questionnaire compiled for the study 6-2/2009-74
• Grete Kaju, AVR II project consultant response to analysis of the study 6-2/2009-75
• CMB letter to the Estonian Migration Foundation 6-2/2009-76
• IOM Estonia letter to the Estonian Migration Foundation 6-2/2009-66
• CMB letter to the Estonian Migration Foundation 6-2/2009-78
• Ministry of the Interior letter to the Estonian Migration Foundation 6-2/2009-79