Estonia: Procedure for the Initial Interview of an Asylum Applicant and the Conditions and the Procedure for the Thorough Interview of an Applicant for Asylum

I.        General Provisions

Before starting an initial interview with an alien who has given notice of his or her request to apply for asylum (hereafter "Requester") while in Estonia, except at a border checkpoint, and a thorough interview with an asylum applicant (hereafter "Applicant") a requester and an applicant shall be informed about the reason for the interview, the first name and the surname and the position of the official who conducts the interview. A requester or an applicant shall sign a declaration to the effect that his/her rights have been explained and that it is his/her duty to facilitate in very way the clarification of the circumstances of the application for asylum and to submit all information and documents which confirm the circumstances presented in his or her application.

A requester and an applicant has the right to an explanation about the procedure of the interview as well as about his/her rights and duties before the interview starts or during it.

A representative of a person who is interviewed and a representative of the UNHCR has the right to attend the interview.

The interview shall be conducted in a language intelligible to a requester or an applicant. If required, an interpreter shall be used to help in filling in the questionnaire and for answering the questions. If a requester, an applicant or an official conducting the interview (hereafter "Interviewer") has justified doubts about the adequacy of the interpretation, a new interpreter shall be involved in the interview.

An interview of a requester or an applicant who is under-age shall be conducted in the presence of a parent or a tutor and, if required, in the presence of a psychologist or a pedagogue.

The interview can be conducted from eight o'clock in the morning till seven o'clock in the evening. The interview cannot last longer that six hours a day. In the case of a minor no longer than four hours. At the latest three hours after the beginning of the interview at least one hours rest must be given to a requester or an applicant.

The information that is obtain during the interview or any additional gathering of data is confidential.

II.       Initial interview

An initial interview shall be conducted by a government agency designated by the Government of the Republic.

An initial interview shall be conducted within 48 hours from the moment of the notice of the request to apply for asylum. In case circumstances arise which prevent the conduct of the initial interview, the Director General of the Citizenship and Migration Board has the right to extend the term of conduct of the initial interview, but for no more than for a period of up to one month.

10.  An initial interview shall ascertain:

The name, the gender, the date and place of birth, nationality, ethnic adherence, religion, profession, place of residence, marital status and the mother-tongue of a requester;

The name, date and place of birth, place of residence and location (at the time of the interview) of members of the family of a requester;

the identity documents of a requester (number, date of expiry, issuing office, date of issue, visas, residence permits);

grounds for the application for asylum;

the route taken on the way to Estonia, including stopping places;

earlier asylum applications;

11.  A requester must be identified during the initial interview on the basis of a valid identity document or some other document or on the basis of a requester's or a third person's statements. A requester is obliged to submit all evidence in his/her possession which has a significant bearing on the application for asylum.

12.  The initial interview shall be recorded in the form of minutes which include the following details: the place and the date of the interview, the time of starting and finishing the interview, the position and the name of the interviewer, the name of the interpreter if the interview was conducted with the help of an interpreter; answers to the additional question; proofs submitted by a requester.

13.  The minutes of the initial interview shall be registered in the governmental agency which has conducted the interview.

III.      Thorough interview

14.  The thorough interview shall be conducted within a month from the moment of the an applicant's arrival to the reception centre. In case circumstances emerge which prevent the conduct of the thorough interview, the Director General of the Citizenship and Migration Board has the right to extend the term for the conduct of the thorough interview, but for no more than for a period of up to one month.

15.  A thorough interview shall ascertain:

The name, gender, date and place of birth, nationality, ethnic adherence, religion, profession, place of residence, marital status, mother-tongue, knowledge of other languages and origin of an applicant;

The name, date and place of birth, place of residence and location (at the time of the interview) of members of the family of an applicant;

the education (name and location of the educational institution and the dates of studies);

social circumstances (residence, economic situation);

military service (time, rank, type of troops, place of service, special training);

identity documents (number, date of expiry, issuing office, date of issue, visas, residence permits);

explanations for leaving the country of origin;

explanations of the route taken to arrive in Estonia and the stopping places;

earlier stays in third countries;

earlier applications for asylum;

deportation orders (place, time, grounds);

political and other kind of activities (structure and size of organisations, their leaders and activities, the nature of the activities of an applicant in these organisations);

detentions (time, place, reasons);

court penalties (offence, time, place, type and extent of penalty, name of the executing body);

declaration of being wanted (time, reason);

inhumane or cruel treatment, torture or threat of such (time, place, grounds, means, consequences);

persecution (time, place, manner, motives);

possibility to return to a country of origin or a safe third country;

state of health;

motives for submitting an application;

other circumstances relevant to the procedure of an application for asylum.

16.  If required additional questions on circumstances, in connection with the application shall be asked of an applicant. An applicant has the right to make additional statements on matters that concern the application.

17.  An applicant must submit all evidence in his/her possession which confirm directly or indirectly the circumstances or statements presented in his/her answers or explanations, or refer to the places where they can be found.

18.  The thorough interview shall be recorded in the form of minutes which includes the following details: the place and the date of the interview, the time of starting and finishing the interview, the position and the name of the compiler of the minutes (interviewer), name of the interpreter if the interview was conducted with the help of an interpreter; answers to the additional question; proofs submitted by an applicant.

If an applicant so requires, he/she shall be allowed to write his statement in the minutes by his/her own hand.

The minutes shall be signed by an interviewer, an applicant and an interpreter. Every amendment, additional writing or crossings in the questionnaire and additional questions have to be marked in a special way and confirmed with the signature of the compiler of minutes before it can be signed.

19.  If additional circumstances emerge or if the submitted circumstances need to be specified or if an applicant has submitted a well grounded request in written form, an additional interview may be conducted before the application is submitted to the Government of the Republic.

Olari Taal

Minister of the Interior

Comments:
Approved by Regulation No. 39 of the Government of the Republic of Estonia.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.