The Estonian Human Rights Centre (EHRC) is defending a Ukrainian citizen in a strategic case focused on the decision by the Police and Border Guard Board (PPA) to reject an application for an Estonian residence permit due to the lack of a military service document. According to the EHRC’s lawyers, allowing this decision to stand poses a threat to the principles of the rule of law in Estonia.

Mykola (real name known to EHRC) was 18 years old when he began his university studies in Lithuania in 2015. After graduating, he found a job in Estonia, where he works as an analyst at a well-known IT company and is pursuing a master’s degree at Tallinn University. In April, he submitted an application for a temporary residence permit to settle permanently in Estonia. The PPA rejected the application on the grounds that Mykola had not provided a military service document. Officials claimed that granting a residence permit to someone without such a document could pose a threat to the security of the Republic of Estonia.

Mykola did not provide the PPA with a military service document for a simple reason—he doesn’t have one. Having gone abroad to study and live at the age of 18, he has not completed military service in Ukraine. Although a representative from the Ministry of the Interior noted that the lack of a military service document is by no means decisive in denying an application, and each residence permit application is reviewed separately and thoroughly, in Mykola’s case, an honest explanation was not sufficient.

According to the EHRC’s refugee law experts, Ulyana Ponomaryova and Nora Kurik, the PPA’s practices are not in line with the Ministry of the Interior’s stance. “Although the Ministry’s official statement claims that the lack of a military service document does not necessarily preclude the granting of a residence permit, the PPA doesn’t even review the residence permit application if the applicant does not provide a military service document or proof of exemption. Thus, the PPA’s practice directly contradicts the Ministry’s official statement,” explains Ponomaryova.

EHRC is also concerned that the PPA linked its decision not to review Mykola’s residence permit application to an alleged and unfounded threat to Estonia’s security without any justification or legal basis. “The safety of Estonia’s residents is paramount, but law enforcement must ensure it in accordance with the law and with respect for everyone’s human rights. For this, the rule of law must function in all situations, even in difficult times,” Kurik explains. “Currently, many residence permit applicants without military service documents are trapped in a bureaucratic loophole from which they cannot escape on their own.” She adds that even if Mykola had the document requested by the PPA, it would not justify the conclusion that granting him a residence permit could pose a threat to Estonia’s national security or public order. Standing up for Ukraine’s freedom does not threaten Estonia’s security or public order.

EHRC filed a complaint to annul the decision to reject the application last week in Tallinn Administrative Court.