How to complain about the way you are treated or the conditions in which you are placed during your asylum procedure?

Reception centre

The internal rules of the reception centre, including the procedure for filing complaints, have been established by a Cabinet of Ministers regulation. These rules are introduced to you upon arrival at the reception centre and also publicly displayed on a notice board there. If these rules are violated, or you are not satisfied with a particular situation, you should first turn to the staff of the centre and try to solve the issue by communicating with them.

If the situation is not remedied, you may file a complaint against the reception centre to the head of the Office of Citizenship and Migration Affairs, which supervises the centres. When filing a complaint, you should explain the relevant facts, the type of violation, how it occurred and add any evidence that you have. The contacts of the Office of Citizenship and Migration Affairs are available on their website and on the notice board of the reception centre.

example You are accommodated in the same room as a stranger of a different gender and you are not comfortable with it. This is against the internal rules of the reception centre. If the reception centre staff do not solve the problem, you can contact the head of the Office of Citizenship and Migration Affairs to file a complaint.

You may also file a complaint with the Ombudsman. Read more about how to address the Ombudsman’s Office.

Treatment by Police and Border Guard Board officers

The State Border Guard officers or officials from the Office of Citizenship and Migration Affairs with whom you come into contact at the border crossing point, or during any procedural acts, have the obligation to treat you in a dignified manner and in accordance with your procedural rights. If you feel there has been a breach of your rights, you may file a complaint with the head of the respective institution. If the officials have used violence then you can complain to the Internal Security Bureau, which is an independent body specialised in investigating crimes committed by state officials.

example You arrive at the Latvian border crossing point and apply for international protection. Officers from the State Border Guard treat you in a disrespectful manner and do not provide you with food or water for the whole day. This kind of treatment violates your rights, and you may file a complaint against the specific officers to the head of the State Border Guard.

You also have the right to submit a complaint to the Administrative Court against any administrative act issued, or administrative measure taken, by the Office of Citizenship and Migration Affairs or State Border Guard, pursuant to the procedure provided for in the Administrative Procedure Law. If this action is part of the asylum procedure and might have impacted the final decision you can complain about it when you appeal the decision to the court.

example A Office of Citizenship and Migration Affairs official holds an asylum interview with you in a language in which you are unable to communicate. This results in a breach of your right to be heard and if it was not remedied by the head of the institution and another interview was not held you must include it in your appeal to the Administrative Court.

If you have suffered any material or moral damages because of the treatment or inappropriate conditions, you also have the right to claim compensation for the damages through the Administrative Court. The procedure and limits to claiming compensation are outlined in the Law on Compensation for Losses Caused by State Administration Institutions.

Resources

Last updated 01/06/2023