Estonian court challenges PPA over trans refugee family reunification denial
In a potentially landmark case, a Tallinn court found Estonian officials may have violated the constitution by denying a trans refugee the right to reunite with her partner.
The case involved a trans Russian woman granted international protection and a residence permit in Estonia, and her partner, also a trans woman. The couple was unable to marry or register a partnership in Russia, where same-sex unions are not legally recognized.
The Police and Border Guard Board (PPA) rejected the couple's reunification request, acknowledging that they could be considered domestic partners, but that under the law, a domestic partner living in Russia could not count as a family member of a refugee.
Steve Luks, head of migration procedures at PPA's Northern Prefecture, said the authorities understand the couple's wish to be together, but the PPA must follow the letter of the law.
Luks noted that the Act on Granting International Protection to Aliens only guarantees the right to family reunification for those already in a legal marriage or registered partnership. This applies equally, he added, to both same-sex and heterosexual couples.
"If the legal marriage or registered partnership requirement were dropped, it could lead to cases of abusing the system," Luks said.
He also noted that the couple's sexual minority status does not change the PPA's stance.
"Heterosexual couples can face barriers just like same-sex couples, where marriage in their country of origin is legally allowed but impossible in practice due to persecution or other obstacles," he explained.
Human Rights Center: Law could add an exception
The Estonian Human Rights Center (EIK) which represented the couple, said the current law needs updating.
EIK communications chief Ave Anniste told ERR that the current legal requirement to marry or register a partnership before arriving in Estonia is meant to limit residence permits to people who are genuinely in a committed partnership or marriage.
Losing this requirement isn't necessary to guarantee equal treatment to same-sex partners, she added, "but the law should include an exception for those prevented from marrying or entering a registered partnership solely by discriminatory restrictions in their home country."
The second-tier Tallinn Circuit Court has forwarded the case to the Constitutional Review Chamber of the Supreme Court to determine whether the legal provisions cited by the PPA in its rejection are unconstitutional.
Following the Supreme Court decision, the PPA has 30 days to appeal.
--
Editor: Aili Vahtla
