Author
While this was not an official practice, CPR has observed that SEF systematically deemed applications lodged by Venezuelans as unfounded within accelerated procedures (notably on grounds of irrelevance),[1] and referred the cases to regularisation procedures through the humanitarian clause of the exceptional regularisation regime of the Immigration Act.[2] It is unclear whether this continued to be the case in 2023.[3]
While statistical data is not available, CPR has observed that persons relocated to Portugal following rescue operations in the Mediterranean Sea whose applications for international protection were rejected were also (at least at times) referred to regularisation procedures through the humanitarian clause of the exceptional regularisation regime of the Immigration Act.[4] This was due, according with at least some decisions analysed, to the commitment made by Portugal following the disembarkation. AIMA’s practice in this regard was not yet clear at the time of writing.
According to CPR’s observation, and to the information provided by UNICEF[5] in 2022, this has also happened in the case of relocated unaccompanied children and young adults whose asylum applications were rejected.
CPR has observed that access to this regime may be hampered by the lack of documents issued by the country of origin (e.g., passports). This has also been noticed by UNICEF with regard to unaccompanied children and young adults in particular.
CPR has received reports of applicant’s that described being told by AIMA officials that no positive decisions are issued to applicants from certain nationalities, notably Gambia and Senegal. No further information regarding this practice was available at the time of writing.
[1] Article 19(1)(e) Asylum Act.
[2] Article 123 Immigration Act. Note that this practice was confirmed in the Statistical Report of Asylum (2020): Observatory for Migration, Entrada, Acolhimento e Integração de Requerentes e Beneficiários de Protecção Internacional em Portugal – Relatório Estatístico do Asilo 2020, May 2020, available in Portuguese at: https://bit.ly/2MGYtB9, 62.
[3] For further information regarding this practice, please see previous AIDA reports available at: https://tinyurl.com/5n9a9a3k.
[4] Article 123 Immigration Act.
[5] Information provided by UNICEF to the 2022 AIDA update.