Court Victory: Refusal to Review Ukrainian Citizen’s Residence Permit Application Ruled Unlawful

Lawyers from the Estonian Human Rights Centre represented a Ukrainian citizen in a strategic litigation case after he applied to the Police and Border Guard Board (PBGB) in 2024 for a residence permit to settle permanently in Estonia. The Tallinn Administrative Court found that the PBGB’s decision to refuse to review his application was unlawful.

Taras, a father of three young children, has been living and working in Tallinn with his family since 2021 on a temporary residence permit. Under Ukrainian law, he was exempted from military service—initially due to being a university student and later as the father of three minor children. When the PBGB refused to review his residence permit application, citing the absence of a military ID or proof of exemption from military service—documents it claimed were necessary to confirm that Taras posed no threat to Estonia’s security or public order—he turned to the Human Rights Centre for help. With the support of the Centre’s lawyers, Nora Kurik and Uljana Ponomarjova, the decision was appealed.

“We decided to take on Taras’s case as part of our strategic litigation work because his situation is unfortunately not unique,” said Nora Kurik. “Many Ukrainians who have arrived in Estonia face similar challenges, as the PBGB demands documents they cannot reasonably obtain while residing in Estonia.”

Uljana Ponomarjova added that the court’s decision is crucial for upholding the principles of the rule of law and legal clarity. “In a democratic state governed by the rule of law, it is unacceptable for officials to act arbitrarily and infringe on residents’ rights without explanation. We stand for an Estonia where laws apply equally and transparently to everyone. We are pleased to have confirmation once again that Estonia’s court system effectively protects individuals from the arbitrary actions of state authorities.”

The Tallinn Administrative Court’s decision may be appealed to the Tallinn Circuit Court within 30 days. If the PBGB does not contest the ruling, the decision will become publicly available through Riigi Teataja.

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