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Estonia · Law · SE

603

The Act on Amendments to the Aliens Act, the Code of Administrative Court Procedures and the State Fees Act (contesting a visa decision)

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

24 March 2025

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AVALDATUD_RIIGITEATAJAS

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Source updated

18 June 2025

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Summary

The bill establishes the right to contest visa refusal decisions in court. Currently, in case of visa refusal, the applicant does not have the right to appeal to the court. In a 2017 case, the European Court of Justice found that member states must provide for a procedure for challenging visa refusal decisions in court. Infringement proceedings have been initiated against Estonia, and on January 29, the Commission submitted a statement of claim against Estonia to the Court of Justice of the EU. In addition in its decision of January 22, 2025, the Supreme Court recognized the section of the Aliens Act as unconstitutional, in which it excludes the submission of a complaint to the administrative court for the granting of a visa in a situation where the applicant was in Estonia during the visa procedure. The bill establishes a mandatory one-stage appeal procedure instead of the existing two-stage appeal procedure, and it is then possible to appeal the visa decision and the appeal decision to the administrative court. In addition, an objection is raised the rate of the state fee for examination from 80 to 160 euros so far.

Machine translation from Estonian. The official text remains authoritative.

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23 official files

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