Analysis of Counselling Services for Applicants for International Protection and Returnees

In 1997, the Refugee Act (PagS) was adopted. This act laid the basis for legislation regulating the legal status of asylum seekers and the grounds for their stay in Estonia. It also established counselling services for asylum seekers, defining them as foreigners who apply to the government for asylum while staying in Estonia. This includes those applying at a border post. A new period of ‘refugee policy’ started in 2004 when Estonia joined the European Union. The Act on Granting International Protection to Foreigners replaced the Refugee Act. The Refugee Act had been in force for almost nine years. The new act came into force in 2006. Since then, the situation of asylum seekers and beneficiaries of protection has changed significantly.

In addition to applying for asylum and receiving protection, the return of the foreigner to his or her country of origin is part of the functioning of the asylum system. The Police and Border Guard Board (PPA) or the Defence Police (KAPO) can make a decision for a return. This decision obliges a foreigner without a valid reason to stay in Estonia to leave the country. This includes an asylum seeker who has received a rejection decision or an asylum seeker who has withdrawn their asylum application and decided to return home.

Individual counselling is provided to all these target groups, i.e. applicants for protection, beneficiaries and returnees. The counselling aims to provide the foreigner with reliable and impartial information on their rights and obligations. This service is free of charge and available in a language they understand. It is provided throughout the entire procedure for international protection and/or the obligation to leave. Such counselling is offered directly in the accommodation centre, in the detention centre, and in the offices of the prefectures of the Police and Border Guard Board. It is also available in writing and by telephone. In addition, a foreigner who is a victim of human trafficking can receive victim support counselling from the Social Insurance Board. The Labour Inspectorate offers employment counselling to all persons.

Therefore, efficient and high-quality counselling services are the basis for achieving such objectives. The central aim of this study is to analyse the current and functioning counselling system. It also aims to make practical suggestions and recommendations for improving the service.

The study has two broad objectives:

1. To analyse and assess how the current counselling services provided by the Police and Border Guard Board (PBGB) meets the expectations of the parties involved. These parties include applicants for international protection, returnees, processors, legal aid providers, and human rights monitoring organisations and institutions. The European Union Asylum, Migration, and Integration Fund (AMIF) funds the counselling service.
   
2. Based on the information gathered during the analysis, draw up recommendations and proposals. Focus on how best to support the target group of foreigners through the counselling service. Aim to improve and develop international protection and return procedures.

The study of the Institute of Baltic Studies will rely on the analysis of secondary sources to achieve its objectives. Additionally, s combination of different qualitative methods – individual and focus group interviews with target and stakeholder groups – will be used. Moreover, counsellors and processors of applicants, beneficiaries, and returnees of international protection, as well as representatives of the Ministry of Interior, will validate the results.