Number of staff and nature of the first instance authority

Author

Portuguese Refugee Council Visit Website

Source:  Information provided by SEF (April 2023), and Asylum Act.

The reform of the national asylum authority[1] culminated in 2023 with the creation of the Agency for Integration, Migration and Asylum (AIMA), which began its operations on 29 October,[2] and with the termination of the Immigration and Borders Service (SEF). Until that date, SEF remained the national asylum authority.

Until 29 October 2023, in accordance with the Asylum Act and the internal regulation of the Immigration and Borders Service (SEF), the Asylum and Refugees Department of SEF (SEF-GAR) was responsible for examining applications for international protection and drafting first instance. Decisions granting, refusing (except in accelerated and admissibility procedures), ceasing, and withdrawing international protection were formally adopted by the Ministry of Home Affairs.[3] In practice, the latter adopted such decisions based on the assessment and recommendations of the determining authority, which thus remained the main entity responsible for the examination of asylum claims.

SEF-GAR was the specialised determining authority in the field of asylum. Its competencies were restricted to the following asylum-related tasks:[4]

• to organise and process asylum applications;
• to organise and process subsidiary protection applications;
• to organise and process Dublin procedures and, where necessary, to issue laissez passer;
• to issue reasoned opinions on submissions for refugee resettlement;
• to issue reasoned opinions on applications for the renewal of refugee travel documents presented to Portuguese Consulates;
• to issue refugee identity cards and travel documents as well as residence permits provided for in the Asylum Act, and to renew and extend the validity of such documents;
• to act as contact point of the EUAA; and
• to provide for the strategic planning of EUAA-related activities.

In 2022, SEF-GAR was composed of 24 officials, including: (i) 11 caseworkers responsible for the examination of applications for international protection under all the applicable procedures (except the Dublin procedure), including 2 officials responsible for revising files and proposals and one official responsible for the final decision; (ii) 2 caseworkers responsible for Dublin procedures; and (iii) 8 administrative support officers. The Department was further composed by one head of Department, one head of the examination unit and one head of administrative personnel. Information on the structure of SEF-GAR in 2023 is not available.

According to SEF, caseworkers conducted interviews, COI research, case analysis, and drafted decision proposals. Such decisions were revised by supervisors who also investigated suspicions of fraud (cancellation procedures) and drafted and supervised the implementation of procedural and eligibility guidelines. Administrative officers ensured the registration of applications and the screening/referral of cases.

AIMA began its operation on 29 October 2023, having been created by Decree-Law in June.[5] The Decree-Law that created AIMA amended a number of legislative files, including the Asylum Act where the amendments focused on replacing references to SEF with references to AIMA, references to SEF’s National Director with Board of AIMA, and references to the Ministry of Home Affairs to the Ministry in charge of Migration. Between 29 October 2023 and the end of 2023, the Ministry of Parliamentary Affairs was in charge of migration.

The above-mentioned Decree-Law also created the Borders and Foreigners Coordination Unit (Unidade de Coordenação de Fronteiras e Estrangeiros, UCFE), responsible for the coordination of the activities of the police forces and other actors working in the field. The UCFE is primarily composed of officials from the two police forces with border control competencies (GNR and PSP).

The instrument further established AIMA’s structure. AIMA is a Public Institute with administrative and financial autonomy. The Agency works in the fields of equality and migration and is under the oversight and remit of the ministry responsible for such themes.[6]

Notably, AIMA is responsible for the execution of public policies within the fields of migration and asylum.

Among its main competencies within the field of asylum, AIMA is inter alia responsible for:[7]

• Supporting border points in issuing visas and in providing reception conditions to asylum seekers;
• Recognising the right to family reunification;
• Analysing and deciding applications for international protection and temporary protection;
• Coordinating and implementing solidarity programmes such as relocation and resettlement;
• Ensuring the existence of a single reception and integration system for applicants and beneficiaries of international and temporary protection;
• Ensuring the provision of assistance to applicants for international protection until a decision regarding their application is reached (including unaccompanied children);
• Ensuring the implementation of transition plans concerning financial allowances granted to applicants and beneficiaries of international protection, supporting their autonomy;
• Providing financial assistance to reception entities;
• Promoting civil society initiatives regarding reception and integration;
• Representing Portugal at EU and international level institutions and for a regarding asylum and migration, including being the national contact point for the EUAA.

The agency is composed by three bodies – the Board, the Single Auditor, and the Council for Migrations and Asylum.[8]

The Council for Migrations and Asylum is a consultative body, composed by an array of entities, including civil society organisations.[9] Per the information available, by the end of 2023, the Council had not yet been appointed and there was no publicly available information regarding the timeline for the beginning of its operation.

 The internal organisation of AIMA is governed by its Statute, which was approved by the Government by the end of October.[10]

Accordingly, from 29 October 2023, AIMA’s National Centre for Asylum and Refugees (CNAR) became the specialised determining authority in the field of asylum, in charge of:[11]

• Receiving asylum applications and processing determination procedures;
• Organising and processing applications for humanitarian residence permits;
• Organising and processing Dublin procedures and, where necessary, issuing laissez passer;
• Organising and processing submissions for resettlement of refugees and relocation;
• Issuing reasoned opinions on applications for the renewal and extension of refugee travel documents presented to Portuguese Consulates;
• Ensuring AIMA’s connection to the EUAA and preparing the corresponding strategic planning;
• Ensuring reception conditions according to the law; and
• Developing quantitative and qualitative indicators to assess elements such as its performance.

According to AIMA’s Statute, the Department of Administrative Procedures and Quality may participate in the analysis of applications for international protection and temporary protection.[12]

AIMA did not provide information regarding the internal structure of CNAR, staff responsible for examining asylum applications, nor the quality assurance mechanisms in place.

The institutional change also entailed that existing general police forces became responsible for border control and for executing expulsion decisions. As such:

• The National Republican Guard (Guarda Nacional Republicana, GNR) became responsible for the surveillance and control of maritime and land borders, and for executing expulsion decisions within its jurisdiction;[13]
• The Public Security Police (Polícia de Segurança Pública, PSP) became responsible for the surveillance and control of air borders, and for executing expulsion decisions within its jurisdiction;[14]

As a consequence of the reform, competencies regarding foreigners with a residence permit and the issuance of travel documents were attributed to the Institute of Registries and Notary (Instituto dos Registos e Notariado, IRN).[15]

In July 2023, the Ombudsperson published a report on activity and process of termination of SEF. The report noted, inter alia:[16]

• SEF’s increasing lack of capacity to provide timely responses to the requests received (e.g. lack of capacity of the contact centre, lack of availability of in-person appointments);
• The need to ensure the continuity of the public service during the transition.
• That the creation of a new entity would not, by itself, solve the problems identified in SEF’s activity.

Regarding the transition for the new immigration and asylum authority, the Ombudsperson noted, inter alia, that:[17]

• Such a wide reform has not been preceded by a wide public debate and no reports or studies analysing the proposed changes were made public;
• Regarding the administrative competencies, the choice of the type of entity created, and the definition of the scope of its functions caused concern to the Ombudsperson. In particular, the Ombudsperson highlighted that the termination of the High Commission for Migration, that had a role in providing support to migrants in Portugal, and its integration in the new administrative authority that would have decision-making powers, jeopardised the relationship of trust with migrants.
• While the process was necessarily complex, it was bewildering that it was so long and uncertain.
• The need for a medium- and long-term strategy to respond to requests by migrants.

The Ombudsperson issued a number of recommendations accordingly.

According to the Government, AIMA began its operation with 34 front desk services spread through the country and with a backlog of 347,00 pending procedures.[18]

According to CPR’s analysis, while the transition process was quite long, it was neither gradual, nor participatory. Notably, according to CPR’s analysis, it did not include a sustained strategy of cooperation with other relevant public entities and with civil society organisations.

While the separation between administrative and law enforcement-related competencies is a positive element, the beginning of AIMA’s operation presented multiple challenges and potential protection shortcomings.

With regards to asylum in particular, CPR observed multiple gaps in the implementation of legal norms concerning the asylum procedure and reception conditions, without proper account to the need to ensure the continuity of services despite institutional reforms. Furthermore, there have been notable difficulties in obtaining information regarding the procedures adopted by the Agency, and a structural lack of adequate communication both with civil society organisations and with applicants for international protection.

CPR also observed a growing tendency for narratives focused on the need to contain and limit the number of asylum applications, which is highly concerning. Within the context of the right of reply of the authorities to the draft AIDA report, AIMA noted that it had strengthened its procedures with the support of UNHCR.[19]

Quality assurance

According to the information previously provided by SEF, quality was ensured through the following mechanisms: (i) the supervisors reviewed each report drafted by the caseworkers; (ii) case law was constantly taken into account; (iii) caseworkers received regular training within the European training curriculum of the EUAA.

Within the context of the reform of the national asylum authority, UNHCR and CPR provided short trainings to staff joining the new asylum unit in October 2023 and January 2024. While this is a positive aspect, according to the feedback of both CPR trainers and trainees, the training needs were wider and not fully addressed.

UNHCR reported that it has also provided training to PSP and GNR.

AIMA did not provide information regarding quality assurance mechanisms in place and the initial training provided to new officials.

[1] For detailed information on the process and its origins prior to 2023, please revert to previous AIDA reports. Act n. 73/2021 of 12 November 2021 approving the restructure of the Portuguese system of border control, reshaping the regime of the forces and services responsible for internal security and establishing other rules for the redistribution of competences and resources of the Immigration and Borders Service, last amended by Act n. 53/2023, of 31 August 2023, available at: https://bit.ly/3OitRkJ.

[2] Decree-Law no. 41/2023, of 2 June 2023 creating the Agency for Integration, Migration and Asylum, I.P., available at: http://tinyurl.com/3vsf4bzx; Ministerial Order no. 324-A/2023 of 27 October, approving the Statute of Agency for Integration, Migration and Asylum, I.P., available at: http://tinyurl.com/br97m4ws.

[3] Article 29(1) Asylum Act; Article 17 Decree-Law 252/2000.

[4] Article 17(1) Decree-Law 252/2000.

[5] Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94.

[6] Article 1 of the Annex to Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94

[7] Article 3 of the Annex to Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94.

[8] Article 4 of the Annex to Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94.

[9] Article 7 of the Annex to Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94.

[10] Ministerial Order no.324-A/2023, of 27 October 2023, available at: https://tinyurl.com/br97m4ws.

[11] Article 12 AIMA Statute.

[12] Article 10 (c) and (d) Ministerial Order no.324-A/2023, of 27 October 2023, available at: https://tinyurl.com/br97m4ws.

[13] Article 2(a) Act n. 73/2021 of 12 November 2021 approving the restructure of the Portuguese system of border control, reshaping the regime of the forces and services responsible for internal security and establishing other rules for the redistribution of competences and resources of the Immigration and Borders Service, last amended by Act n. 53/2023, of 31 August 2023, available at: https://bit.ly/3OitRkJ.

[14] Ibid, article 2(b).

[15] Ibid, article 3(1)(b).

[16] Provedor de Justiça, Monitorização da Actividade e do Processo de Extinção do Serviço de Estrangeiros e Fronteiras – Relatório, July 2023, available at: https://tinyurl.com/59y4sfz6

[17] Ibid, pp.10 et seq.

[18] Governo de Portugal, Agência para a Integração, Migrações e Asilo: o primeiro dia de um novo paradigma, 29 October 2023, available at: https://tinyurl.com/ht3nefvz.

[19] Information provided by AIMA, 25 June 2024.