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Estonia
Country of Decision : Estonia
Court Name : EE: Circuit Courts [Ringkonnakohtud]
Date of decision : 22/04/2020
Type :
ECLI :
Case Number/Citation/ Document Symbol : 3-19-650

X, Y, Q and W (Afghanistan) v Police and border Guard Board (Politsei- ja Piirivalveameti)

Afghanistan

EE: Circuit Court of Tallinn rejected the cessation of protection status due to a flight to the country of origin and considered the best interests of the children in its assessment

X, a national of Afghanistan, was granted subsidiary protection because her father was persecuted for religious and political reasons and would have risked her life in the country of origin. 

The husband, Y was granted a permit for family reunification. Q and W were born soon after, and were granted a permit for the same reason as well. After the birth of the third son, X started the renewal of his and his family's permits. During the procedure it became clear that he flew to Afghanistan in 2018, and for this reason the procedure for withdrawal of his status was initiated by the SBGB. 

The family appealed the decision to terminate the protection and cease the other family member permit before the administrative court. The court accepted the appeal stating that only one flight to Afghanistan was not a solid basis to cease the protection status, and ordered the Police Border Guard Board to grant them the permits and renew X's protection status.

The Board appealed the decision before the Circuit Court which upheld the administrative court decision but chaged the grounds, stating that the SBGB should have assessed the best interests of the children, and should have taken into consideration their integration path as well their social ties with Estonia. 

Afghanistan; Cessation of protection; Country of Origin Information; Family Reunification; Minor;

Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO IDS

Estonia, Circuit Courts [Ringkonnakohtud], X, Y, Q and W (Afghanistan) v Police and border Guard Board (Politsei- ja Piirivalveameti), 3-19-650, 22 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1371