Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
However, in practice, the expulsion of an alien may take from one day to up to three years. The
period of time in which the removal can be executed depends largely on the availability of travel
documents, cooperation between Embassies and the Estonian authorities, as well as the alien’s
willingness to cooperate in the removal process. The Citizenship and Migration Board stamps
the travel documents of those expelled or otherwise returned, in accordance with a standard
format laid down by the Ministry of Interior. In the case of expulsions, re-entry is barred for
ten years.
Where travel documents are missing, the CMB applies for documents in cooperation with the
Ministry of Foreign Affairs to the Embassy of the respective country of origin. 2
Estonian legislation does not regulate the legal or social situation of rejected asylum seekers that
cannot be returned for technical reasons, though they may be granted a temporary residence
permit in accordance with Article 14 (4) 3) of the Obligation to Leave and Prohibition on Entry
Act where the principles of an international agreement apply (e.g. UN Convention against
Torture and Other Inhuman or Degrading Treatment or the ECHR) pursuant to the Aliens Act
(Article 12)).
Such a temporary residence permit may be issued for a period of up to five years and may be
extended. If the person concerned has resided in Estonia for at least three years within the last
five years, he/she may be granted permanent residence, and allowed to work, or to receive state
unemployment benefits for up to six months (less than EUR 100 per month).
Escorts
Occasionally (once or twice a year) escorts are used – to date supplied by the police and in future
by the Border Guards.
Chartered Flights
Chartered flights have never been used, also in view of the limited capacity of the detention
facilities in Estonia.
Framework Agreements with Countries of Origin or Transit
As of 30 June 1995, there is a mutual readmission agreement among the three Baltic countries,
which does not differentiate between refugees/asylum seekers and irregular arrivals.
Estonia and Finland have an agreement on the readmission of persons entering their territories
irregularly, which came into force on 3 October 1996. The agreement’s preamble refers specifically
to the 1951 Convention and its 1967 Protocol.
The preambles of the respective readmission agreements with Norway (11 May 1997) and
Sweden (2 May 1997) refer to the 1951 Convention and the 1967 New York Protocol.
Estonia has concluded further readmission agreements with Iceland (entered into force on
1 May 1997), Slovenia (7 October 1997), Switzerland (1 March 1998), Italy (3 March 1999),
Germany (1 March 1999), France (15 April 1999), Austria (1 September 2001), Spain (7 February
2000) and Croatia (28 April 2001).
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