Registration of the asylum application

Portugal

Country Report: Registration of the asylum application Last updated: 21/05/21

Author

Portuguese Refugee Council Visit Website

While the asylum application can be presented (“made”) either to SEF or to any other police authority, the responsibility to register asylum claims lies solely with SEF.[1] If an asylum application is presented to a different police authority, it must be referred to SEF within 48 hours.[2] In accordance with SEF’s internal organisation,[3] the responsibility for organising asylum files (including registration) lies with its Asylum and Refugees Department (SEF-GAR). SEF-GAR is required to inform CPR, as an organisation working on UNHCR’s behalf, of the registration of individual asylum applications.

In 2020, out of a total of 1,002 applications registered by SEF, 893 were communicated to CPR.[4] This sharp decrease from 2019 (1,849 applications registered/1,714 applications communicated to CPR) is likely due to the restrictions to movement imposed within the context of the coronavirus pandemic (i.e., the closure of land borders from 16 March to 1 July 2020; prohibition/restrictions to air traffic from non-EU countries). While the asylum procedure was suspended during the first lockdown due to the coronavirus pandemic, SEF-GAR remained open for the purposes of receiving and registering new applications for international protection.[5] According to the available information, the suspension was in force between 27 March and 2 May 2020 (the end of the state of emergency).[6] While the state of emergency re-entered into force on 9 November 2020,[7] the asylum procedure was not suspended at that point.

In accordance with the law, anyone who irregularly enters Portuguese national territory or is refused entry at the border must present their request to SEF or to any other police authority as soon as possible.[8]

While there are no specific time limits for asylum seekers to lodge their application, the law provides for use of the Accelerated Procedure in case the asylum applicant enters or remains irregularly on national territory and fails to apply for asylum as soon as possible without a valid reason.[9] This provision has rarely been applied in practice and, according to the experience of CPR, when applied, it is usually combined with other grounds for the application of accelerated procedures.

Failure to apply for asylum at the earliest possible time, unless the applicant can demonstrate good reason for not having done so, also constitutes a ground for not granting the benefit of the doubt.[10] According to CPR’s observation, this provision has been applied by SEF in practice.

Additionally, it should be noted that persons refused entry at the border are liable to immediate removal to the point of departure,[11] meaning that, in practice, they are required to present their asylum application immediately.

Upon presentation of the application, the asylum seeker is required to fill out a preliminary form, which includes information on identification, itinerary, grounds of the asylum application, supporting evidence, and witnesses. This preliminary form is available in Portuguese, English and French. However according to CPR’s experience, asylum seekers are not systematically provided quality interpretation services at this stage of the procedure, which may result in the collection of insufficient and poor-quality information.

Since December 2019, following an agreement between SEF and CPR, two CPR liaison officers have been deployed to the premises of SEF-GAR, where the majority of applications are made, to facilitate registration, provision of initial information, and necessary referrals (e.g. for housing). According to CPR’s observation, this measure has facilitated the communication between the relevant entities and the provision of support to asylum seekers.

SEF is required to register the asylum application within 3 working days of presentation and to issue the applicant a certificate of the asylum application within 3 days of registration.[12] Despite isolated delays (e.g. related to the registration of asylum applications presented in SEF’s regional representations), CPR has not encountered systemic or serious problems regarding the registration of applications as opposed to occasional instances of delayed issuance and renewal of the certificates of the asylum application.

The most recent report of the National Preventive Mechanism available at the time of writing (covering 2019) provides information obtained during its visits to detention facilities. It notes that, during a visit to the detention centre at Lisbon airport, the Mechanism spoke to two women who alleged that they have previously asked SEF to register their applications for international protection, but to no avail. The report further details that SEF denied that such requests have been made before and promptly registered the applications afterwards.[13]

In 2020, the UN Human Rights Committee highlighted that Portugal should “[e]nsure that all applications for international protection at the border and in reception and detention facilities are promptly received, registered and referred to the asylum authorities” and “[c]ontinue its efforts to maintain and strengthen the quality of its refugee status determination procedures, in order to fairly and efficiently identify and recognize those in need of international protection and to afford sufficient guarantees of respect for the principle of non-refoulement under the Covenant”.[14] The Committee further recommended that Portugal strengthens “[…] training for the staff of migration institutions and border personnel on the rights of asylum seekers and refugees under the Covenant and other international standards.[15]

 

[1]  Article 13 (1) and (7) Asylum Act.

[2]  Article 13(2) Asylum Act.

[3]  Article 17 Decree-Law 252/2000.

[4]  While slight discrepancies between the number of registered applications and applications communicated to CPR were common, since 2019, a significant difference between the two figures has been observed. Please note that statistics included in this report from CPR only refer to applications communicated to the organisation in accordance with the communication duties established in the Asylum Act.

[5] Order no.3863-B/2020 of 27 March 2020, available at: https://bit.ly/36r7x3O

[6] See EMN, Special Annex to the 31st EMN Bulletin – EU Member States and Norway: responses to COVID-19 in the migration and asylum area – April-June 2020, available at: https://bit.ly/2MlTV31

[7] Decree of the President of the Republic no.51-U/2020, 6 November 2020, available at: https://bit.ly/3sX2EJJ. The state of emergency was declared for the period between 9 November 2020 and 23 November 2020 and has been subsequently renewed since then. All the relevant Decrees of the President of the Republic and legislative regulation of the state of emergency are available at: https://bit.ly/3ctkxtx.

[8]  Article 13(1) Asylum Act.

[9]  Article 19(1)(d) Asylum Act.

[10]  Article 18(4)(d) Asylum Act.

[11] Article 41(1) Immigration Act.

[12] Articles 13(7) and 14(1) Asylum Act.

[13] Ombudsman, Mecanismo Nacional de Prevenção, Relatório à Assembleia da República 2019, June 2020, p.65, available at: https://bit.ly/3aeTWxO

[14] Human Rights Committee, Concluding Observations on the fifth periodic report of Portugal, CCPR/C/PRT/CO/5. 28 April 2020, par.35(a) and (b), available at: https://bit.ly/2Q1ftn8.

[15] Ibid, par.35(f).

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation