Estonian Chancellor of Justice: Tallinn University of Technology Treats Russian and Belarusian Citizens Unequally
A deputy of Estonia's Chancellor of Justice has concluded that Tallinn University of Technology breaches the principle of equal treatment by refusing applications from Russian and Belarusian citizens who lack a legal basis to stay in Estonia for the whole nominal study period.
Olari Koppel, an adviser and deputy to Estonia's Chancellor of Justice, has found that Tallinn University of Technology violates the principle of equal treatment by not admitting Russian and Belarusian citizens as applicants. The university justifies the restriction by saying such applicants have no legal basis to remain in Estonia until the nominal duration of the study programme ends.
What happened
A young man complained to the Chancellor of Justice after the university rejected his application because he has no valid residence permit. He is a Russian citizen who has lived in Estonia for four years, finished upper secondary school here and passed the Estonian language exam at B2 level.
He had applied to the Police and Border Guard Board (PPA) for a temporary residence permit. The PPA refused and ordered him to leave the country. He appealed to an administrative court, where the case is still pending, and the PPA has extended the deadline for him to leave. The university declined to invite him to an admission interview.
The Chancellor's reasoning
Koppel noted that everyone has the right to education: Estonian citizens, foreign nationals and stateless persons alike. The right may only be limited in line with the Constitution. The university says treatment does not depend on citizenship, but Koppel said applicants are still differentiated by how long their legal basis for staying lasts. Citizens of other countries may apply regardless of that, while the exception applies only to Russia and Belarus.
The university argues the ban is justified because a student could be unable to complete studies after losing a legal basis to stay. Koppel responded that the risk of studies ending exists for every applicant for various reasons and does not depend on residence status.
The government has imposed sanctions on Russian and Belarusian citizens over the aggression in Ukraine, including limits on temporary residence permits for work, study or business. However, no restriction on studying at Estonian universities was introduced, so the university has no legal grounds to impose one in its own rules.
The university's position
Rector Tiit Land said the university is facing such a case for the first time. Its admission rules bar Russian and Belarusian citizens who cannot apply for a long-term visa or residence permit for study. The university is awaiting the court ruling and will review its admission terms if the decision favours the applicant.
