Author
The Portuguese authorities are bound by the duty to protect asylum applicants and beneficiaries of international protection from refoulement.[1] National case law has reaffirmed the protection against refoulement both on national territory and at the border, regardless of the migrant’s status,[2] and in cases of either direct or indirect exposure to refoulement.[3] CPR is unaware of national case law that addresses the extraterritorial dimension of non–refoulement.
Access at the border and border monitoring
As of 31 December 2024, there are no published reports by NGOs about cases of actual refoulement at the border of persons wanting to apply for asylum.
CPR does not conduct border monitoring. Furthermore, it only has access to applicants after the registration of their asylum claim. At times, CPR receives third party contacts reporting the presence of individuals in need of international protection at the border; this was the case in 2024. With rare exceptions, and even where CPR does not immediately intervene, the registration of the corresponding applications in these cases is normally communicated by either PSP or/and AIMA to CPR in the following days (see Registration of the asylum application).
Recent research on access to the asylum system and the principle of non-refoulement at the border.[4]
CPR has no indication of cases of push backs at the border. Nevertheless, according to the information available by the end of 2024, there is no clear framework for the systematic assessment of the risk of refoulement of persons refused entry at border points. Furthermore, it is unclear whether staff responsible for border control receives specific training concerning non-refoulement obligations.[5] These risk factors are aggravated by the absence of border monitoring by independent organisations.[6]
With regard to access to free legal assistance, in November 2020, the Ministry of Home Affairs, the Ministry of Justice and the Bar Association signed a protocol to ensure the provision of legal counselling and assistance to foreigners whose entry into national territory was refused (Lisbon, Porto, Faro, Funchal and Ponta Delgada airports).[7] According to available information this protocol was made within the framework of Article 40(2) of the Immigration Act and is not intended to cover asylum procedures.[8]
While the implementation of this protocol is a positive development, concerns have been raised informally by several stakeholders because access to legal support can only occur following the refusal of entry into the national territory and not before second stage border controls conducted prior to such refusal.
The Ombudsperson has formally raised concerns over the restrictive manner in which the protocol has been conducted, since it excludes (1) citizens detained under an expulsion procedure, (2) proceedings prior to the decision of refusal of entry and (3) legal proceedings following a legal consultation (meaning if they want to appeal the refusal of entry decision, people have to submit a specific legal aid application, even if they benefited from, the protocol’s legal advice in this same context).[9] The exclusion of legal proceedings following a legal consultation requires the appointment of a lawyer for each act of the procedure, which generates an array of intervening lawyers that is detrimental to effective legal representation. According to the Ombudsperson, this does not directly derive from the protocol and it is in contradiction with the general legal aid regime, which provides that the defence lawyer appointed for one act must be retained for subsequent acts.[10]
It must be also noted that according to the Ombudsperson, 66.6% of persons refused entry at Lisbon airport and 94% of those refused entry at Porto airport in 2022 waived their right to legal assistance.[11] While the Ombudsperson praised the fact that such a waiver is done in writing, it was highlighted that it is important that the text is either written in a language that the applicant understands or that it is translated by an interpreter, which was not always the case.[12] In 2023, the Ombudsperson continued to identify irregularities in the declarations of waiver of the right to legal assistance and it reiterated that it had encountered foreigners detained at Lisbon airport who did not know or understand their current legal situation.[13]
The UN Committee Against Torture noted in 2019 that Portugal should ‘[e]sure that, in practice, no one may be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would run a personal and foreseeable risk of being subjected to torture and ill-treatment’ and that procedural safeguards and effective remedies regarding the prohibition of refoulement are available.[14]
CPR is aware of one case in the course of 2022 where an extradition was carried out while the asylum application was pending.
AIMA reported there were no sea arrivals to Portugal in 2024.
Legal access to the territory
Relocation
Since 2018, Portugal has systematically participated in ad hoc relocation mechanisms following rescue operations in the Mediterranean and disembarkation in Malta and Italy.
According to the information provided by AIMA, the selection criteria and procedures for relocation mechanisms are the following:
- Selection criteria:
- The preferred profiles are unaccompanied children, young adults on their own, families, and the existence of links to Portugal.
- Although not rigid, preference may be given to certain nationalities due to prior relocation movements, integration prospects and the existence of a community in Portugal.
- The lack of translators for certain languages and the pre-existence of physical or psychological/psychiatric health problems may render selection unfeasible.
- Procedures:
- Brief analysis and prior acceptance by AIMA before proceeding with a security consultation.
- A more detailed analysis of the case with further information from the host country.
- Survey of reception options.
- Confirmation of the transfer to Portugal.
The Agency states the selection and procedure can take around a year, although there are cases where it takes around six months. AIMA attributes the delay to the lack of reception options.
IOM Portugal supports the implementation of relocation to Portugal through the use of medical screenings, the provision of pre-departure orientation information, and logistical support for the transfer, in collaboration with relevant IOM offices.
According to the information provided by AIMA and IOM, 46 persons were relocated to Portugal in 2024 from Italy and Malta.[15] According to AIMA, the majority of those relocated were Somali and Guinean nationals.
In 2023, IOM has supported the relocation of 56 unaccompanied children to Portugal from Greece under a bilateral relocation agreement.[16] According to the information provided by IOM,[17] relocation under this scheme was led by the relevant governments and coordinated by the European Commission. IOM organised pre-departure orientation activities, medical screenings, in-flight escorts for the children, and provided assistance upon arrival at Lisbon airport. AIMA confirmed that a total of 56 unaccompanied children were relocated to Portugal in 2023.
Resettlement
Resettlement is explicitly provided for in the Asylum Act since 1998. The law determines that requests for resettlement of refugees under UNHCR’s mandate are to be presented to the Minister of Parliamentary Affairs / Minister for the Presidency (as the Minister in charge of Migration).[18] Within 60 days, AIMA must conduct all the actions needed for the analysis and decision of each case.[19] The law provides for the issuance of an opinion on each request by an NGO named for that purpose within the framework of a specific MoU.[20] Following referral of the case by AIMA, the Minister of Parliamentary Affairs/Minister for the Presidency must issue a decision within 15 days.[21]
Portugal has a resettlement programme in place since 2006. Currently, resettlement is mostly funded through European funds.
Within the context of an MoU with the Portuguese authorities, IOM oversees pre-departure orientation activities, the performance of medical assessments prior to departure, the provision of assistance in transit and arrival support, and it assists the coordination with diplomatic representations for the issuance of visas and travel documents. With regard to pre-departure orientation, IOM reported that, prior to departure, all families participated in a video call with the host institution and were handled a factsheet with integration-related information. As per the information provided by IOM, the duration of pre-departure activities varies, typically ranging between 4 weeks and 6 months.
Within the context of the 2024-2025 EU resettlement and humanitarian admission scheme, Portugal has pledged to resettle 600 persons and to receive 400 persons on humanitarian grounds throughout 2024 and 2025.[22]
In one of the 41 measures and policies of its national plan for migration and asylum launched in June 2024, the Government reaffirmed Portugal’s commitments to resettle beneficiaries of international protection, with the support of civil society.[23] As a result, AIMA was authorised[24] to regularise ‘the payment of the expenditure guaranteeing compliance with the Framework Cooperation Agreement on Resettlement between 2020 and 2023’, as well as to incur ‘expenditure under the new resettlement assistance and humanitarian protection project for the period between 2023 and 2025, signed with the International Organization for Migration, assuming the commitment to resettle 600 applicants for international protection from Türkiye and Egypt, countries of first asylum’.[25]
According to the information provided by AIMA, IOM and UNHCR to the AIDA report, there were no resettlement movements to Portugal in 2024.
According to standard procedures, upon arrival in Portugal, resettled refugees are received by a host entity – typically a civil society organisation, such as CPR – and begin an 18-month integration programme.
With regard to documentation, resettled refugees are issued a “Declaration of International Protection in Portugal” (Declaração Comprovativa de Protecção Internacional em Portugal) upon arrival which is valid until the corresponding residence permit is issued. For more, please see: Content of International Protection.
According to CPR’s experience, while the resettlement programme is an important protection avenue that must be reinforced, there are implementation challenges hindering its success in practice such as:
- Lack of a permanent and organised coordination structure, supporting the implementation of the programme as well as the organisations involved;
- Lack of adaptability of the programme to the specific needs of the resettled refugees;
- Insufficient involvement of the hosting entities in the selection missions, pre-departure activities/procedures and management of expectations;
- Delays in the arrivals, particularly the length between selection and reception of the resettled refugees in Portugal;
- Insufficient distribution of the arrivals through an adequate span of time allowing for better response capacity of hosting entities (for instance, out of the resettled refugees hosted by CPR 80% arrived in only two dates);
- Obstacles linked to the socioeconomic situation in Portugal that affect housing and employment conditions.
Evacuation of Afghan citizens
In 2021, Portugal was involved in the evacuation of Afghan citizens.[26] While no official information on the selection criteria and procedures was shared by the authorities, according to the information available to CPR, those evacuated mostly fell in one of the following categories: persons who worked with the Portuguese Military Forces in Afghanistan, in the EU mission or with links to the UN; journalists; persons identified by the Directorate General for Consular Affairs and Communities (Direcção-Geral dos Assuntos Consulares e das Comunidades), or relatives of national citizens. A group of the Afghanistan Women’s Soccer Team,[27] and another of the Afghanistan National Institute of Music,[28] and respective family members have also been hosted in the country.
The vast majority of evacuated Afghan applicants were granted refugee status.[29]
Between 2022 and 2024, the national authorities continued to allow for humanitarian admissions of Afghans, mainly for the purposes of family reunion. The requests must be submitted to the national authorities (initially ACM, later replaced by AIMA), and fulfil the following requirements: (1) existence of valid travel documents; (2) logistical ability to travel from a third country, as the persons concerned must be outside Afghanistan to request the relevant visa;[30] (3) financial ability to travel – as costs must be fully covered by the persons concerned; (4) prior identification of a hosting entity in Portugal to ensure the provision of support.[31] AIMA assessed the request, and accepted applications were referred to the relevant Portuguese Embassy for the purposes of visa issuance.
According to the information provided by AIMA,[32] the programme for humanitarian admissions of Afghans was suspended, with no arrivals in Portugal from August 2024 until the end of the year.
In the context of providing legal assistance, CPR is aware of pending admissions for the purposes of family reunion.
Community sponsorship
Since 2021 CPR has been implementing a pilot project on community sponsorship in Portugal funded by AMIF.[33]
Following a significant number of outreach and capacity-building activities targeting potential sponsor groups, in 2023 two families were hosted under the project.
The first family was preselected by governmental authorities and allocated to CPR’s availability to host resettled refugees. CPR then matched the family with a sponsor group, taking into account the characteristics of the refugees as well as the welcome plan designed by the sponsors and potential inclusion outcomes. In 2024, the sponsorship period ended. In CPR’s view, the integration outcomes were positive and outweighed those reached through other programmes, both in terms of livelihood and autonomy. Moreover, a link beyond the programme remained between the sponsored and the sponsors, creating a local support network.
The second family was received under named-sponsorship and in connection to the emergency evacuation of Afghan nationals. The programme is expected to end in early 2025. CPR is closely monitoring the integration outcomes, which are already displaying positive signs in terms of livelihood.
In the course of 2024, CPR launched a new and improved edition of the Community Sponsorship Training Course, on a new e-Learning platform, that trained sponsors across the country. This edition, which was attended by 10 different groups, focused on capacity building for those who were already part of sponsor groups but were still waiting for arrivals.
Despite these developments and positive outcomes, the programme was suspended and arrivals are currently pending approval from the national authorities.
For information on access to the territory through family reunification with a beneficiary of international protection, see Content of International Protection: Family Reunification.
[1] Articles 2(aa), 47 and 65 Asylum Act; Articles 31(6), 40(4) and 143 Immigration Act.
[2] Nevertheless, the recent replies of Portugal to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) seem to indicate an understanding of the principle of non-refoulement as being almost exclusively linked to refugee status determination: ““[t]he principle of “non-refoulement” is established in Law 27/2008 and guarantees the applicant’s right to not be returned to a country (of origin, residence or otherwise), where his/her life or freedom would be threatened if specific conditions are met and referred in the Geneva Convention and in the Portuguese Asylum Law – provided that this risk occurs “(… ) because of their race, religion , nationality , membership of a particular social group, or opinions policies ( … )” and should be a clear and intrinsic relation of cause and effect between the return of the applicant and the specific threat that can be targeted. The observance of the principle of non-refoulement is intrinsically linked to the determination of refugee status, thus when it is established that an asylum application is unfounded, for not meeting any of the criteria defined by the Geneva Convention and New York Protocol in recognition of refugee status, the principle mentioned above is fully observed to that extent.”, available here.
[3] See e.g., TAC Lisbon, Decisions 1480/12.7BELSB and no. 2141/10.7BELSB (unpublished). More recently, TCA South noted that Portugal is also bound to protect applicants against indirect refoulement within the context of Dublin procedures (e.g. TCA South, Decision 775/19.3BELSB, 10 September 2020, available here).
[4] The latest available research seems to be CPR, Access to Protection: A Human Right, country report, Portugal, 2014, available here. At the time, while no instances of push-backs at the border were identified, shortcomings such as extraterritorial refoulement within the framework of extraterritorial border controls performed by air carrier personnel and SEF in Guinea Bissau were observed.
[5] In the List of Issues published in June 2023, the Committee Against Torture (CAT) requested information regarding, inter alia, training for immigration and border control officers regarding the treatment of detainees, the absolute prohibition of torture, the principle of non-refoulement and identification of potential victims of torture, gender-based violence and trafficking in human beings among asylum seekers. See Committee Against Torture (CAT), List of issues prior to submission of the eight periodic report of Portugal, 9 June 2023, par.10, available here.
[6] These concerns had been previously observed by CPR in the above-mentioned research.
[7] Ministry of Home Affairs, Estrangeiros impedidos de entrar em Portugal vão ter direito a advogado, 4 November 2020, available in Portuguese here.
[8] Publicly available information regarding the implementation of this Protocol remains limited.
[9] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2023, July 2024, available here, 49-50.
[10] Ibid.
[11] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2022, July 2023, 91-92, 95, available here.
[12] Ibid.
[13] Ombudsperson, Mecanismo Nacional de Prevenção – Relatório à Assembleia da República 2023, July 2024, available here, 51 and 55.
[14] Committee Against Torture, Concluding Observations on the seventh periodic report of Portugal, CAR/C/PRT/CO/7, 18 December 2019, available here, par.38(a) and (b). In its List of Issues published in June 2023, the Committee Against Torture (CAT) requested information regarding the safeguards in place to ensure access of all individuals under the jurisdiction of Portugal to access legal counselling and relevant procedural safeguards, as well as on the identification of vulnerable persons and regarding the consideration of their special needs within relevant procedures. See Committee Against Torture (CAT), List of issues prior to submission of the eight periodic report of Portugal, 9 June 2023, available here, para.8.
[15] According to the information provided by IOM, 33 persons were transferred from Malta and 13 from Italy.
[16] Reuters, ‘Portugal to take in 500 unaccompanied migrant children from Greek camps’, 12 May 2020, available here.
[17] Information provided by IOM to the 2023 AIDA report.
[18] Article 35(1) Asylum Act.
[19] Article 35(2) Asylum Act.
[20] Article 35(3) Asylum Act.
[21] Article 35(4) Asylum Act.
[22] European Commission, Pledges submitted by the Member States for 2024-2025, December 2023, available here.
[23] Presidência do Conselho de Ministros, Plano de Ação para as Migrações: Problemas, Desafios, Princípios e Ações, June 2024, available here.
[24] Resolution of the Council of Ministers no. 91/2024, of 24 July 2024 authorising AIMA to incur expenditure under ‘resettlement assistance’ projects, available here.
[25] Communiqué of the Council of Ministers of 16 July 2024, available here.
[26] For further information regarding this practice, please see previous AIDA reports available here.
[27] Diário de Notícias, Portugal recebeu grupo de 80 afegãos, a maioria jogadoras de futebol, 20 September 2021, available here.
[28] Euronews, Jovens músicos afegãos encontram esperança em Portugal, 14 December 2021, available here.
[29] According to the information available to CPR.
[30] According to the information available at the time of writing, Portuguese Embassies in Pakistan and Iran are only able to issue visas if the persons concerned left Afghanistan legally.
[31] According to the information available at the time of writing, no public funding stream will be available for such provision of support by civil society organisations.
[32] Information provided by AIMA directly to CPR in February 2025.
[33] Vitality and Engagement – Developing Communities – available here, and A Comunidade – available here.