Chancellor says TalTech discriminates against Russian and Belarusian applicants

Estonia’s Chancellor of Justice says Tallinn University of Technology treats Russian and Belarusian applicants unequally by requiring them to have a legal basis to stay in Estonia for the full nominal duration of their studies, ERR reported.

Deputy Chancellor of Justice Olari Koppel said the restriction conflicts with equal-treatment principles because it singles out applicants based on their citizenship and the validity period of their right to stay. The university allows citizens of other countries to apply even if their legal basis for staying in Estonia does not cover the full nominal study period.

The issue was raised by a Russian citizen who has lived in Estonia for four years, graduated from a local secondary school and passed an Estonian-language exam at B2 level. The applicant said the university rejected their applications because they did not have a valid residence permit. TalTech said it did not invite the applicant to an admissions interview because they lacked the legal basis to stay in Estonia required by its rules.

The applicant had applied to the Police and Border Guard Board for a temporary residence permit. The board rejected the application and issued a precept to leave Estonia. The applicant has challenged those decisions in an administrative court, where the case is pending. The board has extended the deadline for complying with the departure requirement.

Koppel said everyone has the right to education, including foreign citizens and stateless people staying in Estonia, and that the right may be restricted only in accordance with the Constitution. He noted that everyone is equal before the law and must not be discriminated against.

TalTech argued that the rule was justified because students might be unable to finish their studies if their right to stay expired. Koppel said, however, that students of any nationality may discontinue their studies for other reasons. Visas and residence permits may also be shorter than a programme’s nominal duration, including for students staying in Estonia under temporary protection.

Koppel concluded that the university had not imposed the same restriction on applicants from other countries, making the rule inconsistent with equal-treatment requirements.