Author
An ‘applicant in need of special reception needs’ is defined in terms of reduced ability to benefit from the rights and comply with the obligations stemming from the Asylum Act due to their vulnerability. The Asylum Act provides for a non-exhaustive list of applicants with an increased vulnerability risk profile that could need special reception conditions: children, unaccompanied children, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of domestic violence and female genital mutilation.[1]
While the Asylum Act also refers to guarantees available to particularly vulnerable persons,[2] the two concepts seem to be used interchangeably, meaning that any person with special reception needs is a priori a vulnerable person for the purposes of the Asylum Act.[3]
The identification of persons with special needs and the nature of such needs must take place upon registration of the asylum application or at any stage of the asylum procedure,[4] but within reasonable time following registration.[5]
The provision of special reception conditions should take into consideration: (i) the material reception needs of particularly vulnerable persons;[6] (ii) their special health needs, including those particular to survivors of torture and serious violence.[7]
The law further details the modalities of some of these categories of special reception conditions particularly regarding the special needs of children[8] (including unaccompanied children)[9] and housing conditions.
There are no specific mechanisms, standard operating procedures, or units in place to systematically identify asylum applicants in need of special reception conditions. The only exceptions are age assessment procedures and procedures for the identification and protection of potential victims of trafficking that present practical and technical implementation challenges (see Identification).
AIMA states that it carries out an individual assessment in order to select the location and type of facility to accommodate an applicant, taking into account specific needs, family unit, availability of places, and characteristics of the reception centre. No further information on its practical implementation has been provided.
In practice, in the framework of admissibility (including Dublin) and accelerated procedures on the territory, asylum applicants who present apparent vulnerabilities entailing special reception needs such as children, disabled people, elderly people, pregnant women, single parents with minor children, persons with serious illnesses or mental disorders referred to CPR for the provision of material reception conditions, are generally identified by the organisation.
This can be based on information received from AIMA prior to their referral to CPR’s reception centres, but mostly depends on information collected during the provision of material reception conditions and/or legal assistance by the organisation.
Upon admission in its reception facilities, CPR has developed a screening and reception mechanism in order to overcome challenges concerning the lack of relevant social and health-related information upon referral by the authorities. CPR adopted a proactive and preventive reception model in which screening is the basis of the process. Priority is given to situations of vulnerability, the preventive assessment of applicants on arrival and the design of life projects that are adapted to the personal needs of each individual.
CPR’s teams often liaise with other organisations to provide specific support to the special needs of particularly vulnerable residents.
CPR’s Psychological Support Department continued to provide psychological assistance to applicants for international protection supported by CPR, and to facilitate referrals to relevant services provided by partners such as follow-up psychiatric services. In the course of 2024, the Psychological Support Department provided 360 individual consultations and promoted 83 group activities (e.g., psychological screening groups, mindfulness groups, narrative therapy groups, psychological coaching, etc.).
According to ISS, there are two social responses that cover persons with special reception needs and that are developed in autonomous facilities. The Temporary Accommodation Centres are designed to accommodate adults in need for a limited period of time, with a view to future referral to the most appropriate social response. At the national level, there are 28 Temporary Accommodation Centres with capacity for 892 people. The Insertion Communities comprise a set of integrated actions aimed at the social insertion of various target groups who, due to certain factors, find themselves in a situation of social exclusion or marginalisation. This social response may or may not involve accommodation. At national level, there are 44 Integration Communities with capacity for 2,582 people. Both social responses are not exclusive to applicants/beneficiaries of international protection.
According to SCML, asylum applicants referred to the organisation by the SOG benefit from specific social counselling at the appeal stage and may be referred to homeless shelters managed by the organisation on a temporary basis to address specific vulnerabilities. Rooms with individual bathrooms can also be used to respond to certain special needs. Similarly, according to ISS special needs are assessed and vulnerable asylum applicants are provided differentiated support during the regular procedure, notably in the case of children, disabled and the elderly.
According to the information provided by SCML, the team ensuring support to asylum applicants includes a psychologist. Applicants can also be referred to psychiatric care within the health care units managed by the organisation. SCML also confirms that access to mental healthcare within the SNS is often challenging, particularly due to delays, suitability of available solutions and language barriers.
JRS also has a Mental Health Office, specialising in the field of migration.
In 2022, a new SOG sub-group was created in order to address the area of vulnerabilities within the asylum system. The group was composed by ACM, CPR, ISS, SCML, SEF, and UNHCR. During 2023, its activities were halted with the suspension of the activity of the SOG.[10] According to information provided by UNHCR, the group did not resume in 2024 and issues related to vulnerabilities were discussed within the framework of the working group on migration and asylum led by the Judicial High Council. However these discussions are primarily within the framework of detention measures.
UNHCR reported having provided training covering the identification and referral of asylum applicants and refugees with specific needs to AIMA’s asylum, social and integration units. IOM and UNHCR reported having provided training covering the protection of specific vulnerable groups and the identification and referral of asylum applicants and refugees with specific needs, respectively, to PSP within the framework of PSP’s official training programmes. ISS and UNHCR delivered training on specific needs and mental health and psychosocial support to entities involved in reception of asylum applicants.
Reception of families and children
The accommodation of unaccompanied children who are 16 and over in adult reception centres and the initiation of family tracing are dependent on a best interests’ assessment.[11] Under the Asylum Act, the best interest of the child also requires that children:
- Be placed with parents or, in their absence, with adult relatives, foster families, specialised reception centres or tailored accommodation;
- Not be separated from siblings;
- Are offered stability, notably by keeping changes in place of residence to a minimum;
- Are ensured well-being and social development;
- Have security and protection challenges addressed, notably where there is a risk of human trafficking; and
- Express their opinion, taking into consideration their age and maturity.[12]
The provision of special reception conditions for unaccompanied children during the asylum procedure is currently managed by ISS, according to court orders.
According to ISS, at the end of 2024, there was an constant capacity of 75 places exclusively for asylum-seeking unaccompanied children through 5 types of social responses:
- 1 Reception centre with a specialised residential unit for emergency situations – with 12 places;
- 2 Specialised reception centres – 24 places;
- 1 Reception centre with a support unit for promoting autonomy – 14 places;
- 1 Reception centre with a residential unit for specific problems – 15 places;
- 3 Supervised autonomies with sheltered accommodation – 20 places.
ISS has not specified which entities are involved in the management of these centres. CPR is aware of some entities involved in the reception of unaccompanied children, such as CVP, due to the provision of legal support.
To complement and meet needs, 170 unaccompanied children were also referred to child-care facilities of the general national protection system.
By the end of 2024, a total of 240 unaccompanied asylum-seeking children were under guardianship/supervision of ISS, both in specialised and general child-care facilities.
CACR is a specialised reception centre for unaccompanied children with a specialised residential unit for emergency situations managed by CPR (see Types of Accommodation). CPR provides material reception conditions to unaccompanied children regardless of the stage of the asylum procedure, in accordance with protective measures adopted by Family and Juvenile Courts in the framework of the Children and Youths at Risk Protection Act (see Legal Representation of Unaccompanied Children). CPR promotes family tracing, in partnership with the Portuguese Red Cross (CVP), if considered to be in the best interest of the child and taking into consideration the child’s opinion.
To the extent that it is possible, and with consent of the applicants, family unity should be preserved in the provision of housing.[13] Adult asylum applicants with special reception needs should be accommodated with adult relatives who are legally responsible for them and already present on the territory.[14]
CPR’s reception centres offer facilities to accommodate disabled people and playgrounds for children who are systematically enrolled in public education. Despite practical challenges, families are generally given separate accommodation either at CAR or in external accommodation. Asylum applicants are generally referred to the SNS for health assessments and care, including differentiated care, even though referral constraints particularly for mental health care and certain categories of specialised medical care have been traditionally experienced.
According to the Asylum Act, adequate measures must be adopted to avoid sexual and gender-based violence and harassment in reception centres and other housing provided to asylum applicants.[15] Among the measures adopted by CPR in this regard are the definition of separate room areas, the development awareness raising activities, the possibility to make accommodation arrangements adapted to the specific needs of individuals, and monitoring by staff.
UNICEF[17] has reported being aware of instances where unaccompanied children were assigned the protective measure of ‘independent living’[18] without full consideration for their needs and effective protection, inter alia:
- Insufficiency of the financial allowance granted to such children to cover essential living costs, and inconsistent practices regarding the amounts paid, methods and frequency of payment;
- Challenges faced by children in obtaining proper accommodation in the private housing market due to the very high prices of housing in the country and the limited amounts of the financial allowances applicable, leading them to resort to solutions without the appropriate legal protection and to share accommodation with adults, and making it impossible to ensure the adequacy of the living environment.
Reception of survivors of torture and violence
While ISS is responsible for ensuring access to rehabilitation services for survivors of torture and serious violence,[19] the provision of material reception conditions and health care adapted to the special needs of vulnerable persons seems to be dependent on the responsibility-sharing rules applicable to asylum applicants in general.
The provision of reception conditions by ISS in the regular procedure following a dispersal decision by the SOG is done in accordance to agreed standards. In each district there is a responsible officer for reception conditions who reports directly to central services, but there is no specialised team dedicated to survivors of torture and/or serious violence. According to ISS, caseworkers can make referrals to specialised services at local level, for instance, for asylum applicants placed in the area of Coimbra, ISS has the possibility to make referrals to the Centre for the Prevention and Treatment of Psychogenic Trauma that provides differentiated mental health care adapted to the needs of survivors of torture and/or serious violence.
[1] Article 2(1)(ag) Asylum Act.
[2] Article 2(1)(y) Asylum Act.
[3] Article 77(1) and (3) Asylum Act.
[4] Article 77(2) Asylum Act.
[5] Article 77(3) Asylum Act.
[6] Articles 56(2) and 77(1) of Asylum Act.
[7] Articles 35-B(8), 52(5), 56(2), 78(3)-(4) and 80 Asylum Act.
[8] Article 78 Asylum Act.
[9] Article 79 Asylum Act.
[10] The activity of the SOG did not resume as of the end of 2024.
[11] Article 79(10) and (14) Asylum Act.
[12] Article 78(2)(a)-(h) Asylum Act.
[13] Articles 51(2) and 59(1)(a) and (b) Asylum Act.
[14] Article 59(1)(c) Asylum Act.
[15] Article 59(1)(e) Asylum Act.
[16] Information provided by UNICEF to the 2023 AIDA Update.
[17] Information provided by UNICEF to the 2023 AIDA Update.
[18] Unofficial translation (“autonomia de vida”). This is a protective measure that can be applied to children over 15 years old and that aims to promote its autonomy and ability to live independently, while providing economic assistance as well as social and pedagogical support (article 45 Act no.147/99, of 1 September, as amended).
[19] Article 80 Asylum Act.