Summary

Recently, there has been a great deal of discussion about the European migration crisis, or the fact how since 2015 the numbers of refugees and migrants migrating into and through European countries have increased dramatically. Although there is no reason to speak of a flood of immigrants in Estonia, the number of persons applying for international protection is trending up here as well. A large share of applicants, however, do not qualify as refugees or as recipients of additional protection and have to be sent back to their countries of origin. Distinguishing foreigners in need of international protection from those simply seeking better living conditions may often prove difficult. In this respect, compliance with the requirements of the law alone will not suffice, as a result of which the role of administrative practice and case-law is very important in asylum proceedings.
As at the time of the completion of this article, the Supreme Court has not issued a single substantive decision in cases of granting international protection. By contrast, courts of first and second instances have already generated a considerable quantity of case-law on the issues of granting international protection. This article surveys the case-law of Tallinn Circuit Court in terms of the main stages of international protection proceedings from the submission of an application to the appeal of a judgement rendered in an administrative court, including the related right of stay.