|Nom:||Law No. RT I, 06.04.2016, 1 of 16 March 2016 to Amend "Act on Granting International Protection to Aliens" and other related Acts.|
|Sujet(s):||Travailleurs migrants; Accords internationaux de sécurité sociale|
|Type de loi:||Loi|
|Entry into force:|
|Bibliographie:||legislation on-line Riigi Teataja, Estonia PDF in Estonian (consulté le 2017-09-11)
|Résumé/Citation:||Makes wording changes, inter alia, in sub-paragraphs (1), (3) of para 3 (Applicant for international protection and application for international protection) supplementing it with new sub-para (4). Introduces new para 3.1 (Final decision); new para 5.1 (Resettlement and relocation). Repeals paras 6.1 (Representation of applicant for and beneficiary of international protection who is unaccompanied minor and adult with restricted active legal capacity), 6.2 (Services offered to applicant for and beneficiary of international protection who is unaccompanied minor). Adds sub-para 4) to para 7 (Family member), also sub-para 5) to para 8 (Country of origin, safe third country and safe country of origin), also sub-paras (1.1), (3.1) and (4.1) to para 14 (Submission of application for international protection). Also changes the wording of para 9 (Determining of safe third country and safe country of origin) also supplementing it with new sub-paras (6.1) and (8); also makes wording changes in sub-paras (1), (2) of para 10 (Rights of applicant for international protection and applicant for residence permit on basis of temporary protection), sub-paras (1) 7) and 8) of para 15 (Acts after submission of application for international protection) supplementing it with new sub-paras (11-15), sub-para (1-2) of para 19 (Bases for establishing persecution and serious risk).
Also rephrases para 17 (Minor and unaccompanied minor applicant), para 18 (Review of application for international protection), para 20 (Ungrounded application), paras 21 (Refusal to review application), 23 (Withdrawal of application for granting international protection and waiver of application), 24 (Subsequent application), the wording of the title of Chapter IV, which now reads: "ADMISSION AND SOCIAL RIGHTS AND OBLIGATIONS OF BENEFICIARY OF INTERNATIONAL PROTECTION"; also rephrases para 75 (Social rights and obligations of beneficiary of international protection and access to education, health services and labour market).
Introduces new para 10.2 (Right of access to education of minor applicant for international protection); also new para 15.1 (Assessment of special need of applicant and taking account of); also new para 17.1 (Incapacitated adult applicant); also new para 18.1 (Time-limit for examining of application); also new paras 20.1 (Clearly unfounded application), 20.2 (Review of application under expedited procedure), 25.1 (Contestation of decision), 31.1 (Ensuring family unity), 64.1 (Taking account of special need of applicant for residence permit), 74.1 (Obligations of beneficiary of international protection).
Repeals, inter alia, paras 16 (Refusal to admit entry into state of applicant), 26 (Compulsory execution of precept to leave), 27 (Transfer of applicant on basis of treaty or EU legislation).
Also amends, inter alia, the Aliens Act. Namely, introduces new paras 210.3 (Derogation from purpose and conditions of granting temporary residence permit issued for settling permanently in Estonia), 210.4 (Period of validity of temporary residence permit issued for settling permanently in Estonia), 222.1 (Restriction of right of appeal).