What options do you have if your asylum application has been rejected by the Office of Citizenship and Migration Affairs?
If the Office of Citizenship and Migration Affairs refuses to grant you international protection, you have two options – either to appeal the decision or leave Latvia.
Precept to leave
After a negative asylum decision has become final, either a voluntary return decision (expulsion order) or a removal order will be issued, in accordance with the Immigration Law. The asylum decision is considered final if it has not been appealed or when the Administrative Court has dismissed an appeal against it.
The expulsion order will include deadline for voluntary compliance with the obligation to leave, but the removal order is immediately enforceable after it has entered into force. The removal order instead of expulsion order is issued when the Office of Citizenship and Migration Affairs and State Border Guard considers that there is a risk of escape, threat to security etc..
Entry ban
According to the Immigration Law, an expulsion order might include an entry ban from 30 days up to three years. In case of removal orders such entry ban is mandatory, unless the Office of Citizenship and Migration or the State Border Guard consider it disproportionate.
The Latvian Administrative courts have confirmed that consideration must be given in each individual case on whether to impose an entry ban and whether the entry ban’s duration is proportional. For the same reason, due consideration must also be given on why a term for voluntary leaving has not been given to a person, as this imposes an imperative entry ban.
Voluntary return
If you wish to voluntarily return to your home country, you must coordinate your departure with the Office of Citizenship and Migration Affairs and State Border Guard. For support and assistance, you have the option of contacting the International Organization for Migration (IOM) office in Latvia. The IOM’s Voluntary Assisted Return and Reintegration programme offers information and counselling regarding return, help with organising travel and purchasing travel tickets, and also possible reintegration support in your home country.
Even if the authorities have issued a removal order you still have the option to apply for a voluntary return programme with IOM. Then the removal order might be lifted together with the entry ban. In such cases the Office of Citizenship Migration Affairs of the State Border Guards will issue an expulsion order.
Appeal
If you do not agree with the negative asylum decision and do not wish to leave Latvia, you have the chance to file an appeal to the Administrative District Court. You have the right to stay in Latvia until the Administrative District Court makes a decision. During the appeal you are still an asylum seeker. Read more about the appeal procedure.
Expulsion
If your appeal in asylum case is unsuccessful and you no longer have a legal ground to stay in Estonia, either expulsion or removal order will be issued. That might also include detention. But in this case, you will not be detained as an asylum-seeker, but as an irregular migrant, as your status changes after the decision in your asylum case becomes final. Read more about detention in the immigration context.