Author
The Asylum Act provides for the right to:
- A broad set of information on the asylum procedure and reception conditions in general;[1]
- Information on key developments and decisions relating to the individual asylum file;[2]
- Information on detention;[3] and
- Specific information rights of unaccompanied children.[4]
Furthermore, the law provides for a general right to interpretation ‘whenever necessary’ during registration of the application and throughout the asylum procedure.[5] This refers to the right to interpretation into a language that the asylum applicant understands or is reasonably expected to understand.[6]
In practice, throughout 2024, CPR observed several instances when AIMA did not comply with the obligation to inform asylum applicants of key developments, decisions and associated rights during asylum procedures in a language that the asylum applicant understands. CPR also observed that, in some instances, PSP notified applicants of decisions on behalf of AIMA, at border posts and at late hours, raising serious doubts as to the adequate explanation on the grounds for the decision and access to proper interpretation. Moreover, CPR also identified cases where the same occurred with reception entities, which raises serious concerns as to the competence to carry out such an administrative act.
Information at the registration stage
Upon registration, asylum applicants receive an information leaflet from AIMA, informing them of their rights and duties during the asylum procedure and the provision of reception conditions. According to AIMA, the leaflet is available in several languages but it did not specify which ones. In CPR’s experience, the leaflet is distributed to asylum applicants and it is available at least in Portuguese, English, French, Russian and Arabic. The information contained however is brief and not considered user-friendly, particularly in the case of unaccompanied children.
CPR’s liaison officers present at AIMA until the end of January 2024 used to develop efforts to explain the content of the documents handled to applicants, especially when they were not able to read.
AIMA asserted that upon registration applicants receive information on their rights and duties and may request clarifications. AIMA also reported that if the information is not available in the applicant’s main language, interpretation is provided.[7]
Information on the Dublin procedure
According to CPR’s observation, the common information leaflet set out in Article 4(3) of the Dublin III Regulation is distributed to asylum applicants by AIMA, but it is not clear when. According to AIMA, the leaflet is distributed at the appropriate stage of the procedure.[8] The information contained in these leaflets does not include all the information included on the Annex X (partially includes Part A but not Part B) of the corresponding Implementing Regulation.[9]
Asylum applicants are systematically informed in writing of the likely responsibility of another Member State, and the corresponding supporting evidence during the personal interview. If the take back/take charge request is refused by the Member State and another Member State is deemed responsible by the Portuguese authorities, the asylum applicants is usually notified of the likelihood of being transferred to that Member State. In such cases, according to CPR’s experience, the asylum applicant is not informed of details regarding the refusal to take back/take charge (see Dublin: Procedure).
Information on the border procedure
Asylum applicants detained at the border receive an information leaflet from AIMA, informing them of their rights and duties during the asylum procedure. AIMA did not specify in which languages the leaflet is available nor when it is distributed to applicants. Notably, the leaflet makes no reference to applicants’ rights in detention, the grounds of detention, and the differences between the refusal of entry and the asylum procedure. In the context of the right of reply of the authorities to the 2024 draft AIDA report, AIMA added that applicants receive information leaflets about the Dublin Regulation,[10] as per described above.
According to CPR’s observation, applicants detained at the border seem to have very limited information regarding the circumstances that lead to detention. CPR is aware that in collaboration with PSP, IOM prepared leaflets regarding the procedure of refusal of entry and the rights in detention. As of the end of 2024, the leaflet had yet to be distributed.
Child-friendly information
CPR is unaware of the provision of child-friendly information by AIMA, including the specific information leaflet for unaccompanied children and the information leaflet provided for by Article 4(3) of the Dublin Regulation.
According to the information provided by UNICEF to the 2023 report, the reception of unaccompanied children by entities with limited experience in the field of asylum has negatively impacted the access of such children to information regarding their migratory status and related procedures.
Information on procedural developments
Despite written requests to that purpose, asylum applicants are usually not informed of the extension of the time limit for the examination of their application, the grounds for the extension and the expected time limit for the decision in the regular procedure as required by law.[11]
Information by NGOs
CPR provides free legal information to asylum applicants throughout the asylum procedure that broadly covers the information requirements provided in the law, including specific information on the border procedure and tailored information to unaccompanied children, on the basis of individual interviews and legal counselling. CPR also distributes leaflets with general information on the procedure and legal support, information on the border procedure and detention, and child-tailored information on the asylum procedure. Challenges in capacity have at times restricted the provision of legal information during the first instance asylum procedure (see Regular Procedure: Legal Assistance). Since the beginning of AIMA’s operation, CPR has faced challenges in contacting significant numbers of asylum applicants due to the lack of communication of their addresses.[12] The frequent change in accommodation location also hampered this contact particularly in the first half of 2024.
There are other organisations that provide legal information and assistance to asylum applicants such as the JRS, and Crescer. According to the available information, other services remain residual, non-specialised and mostly focused on integration.
In 2022, UNHCR launched the Help information website Portugal.[13] However, at the time of writing, the website is pending an update following AIMA’s establishment.
[1] This includes information on assistance and the asylum procedure by the UNHCR and CPR (Article 13(3)); information on the right to an individual application regarding dependent relatives (Article 13(5)); general information on the rights and duties in the asylum procedure (Article 14(2)); information in writing on the rights and duties in border procedures (Article 24(2)); information on the extension of the time limit for the examination and, upon demand, of the grounds for the extension and expected time limit for the decision in the regular procedure (Article 28(2)); oral information or an information brochure on the rights and duties of asylum applicants and in particular regarding the asylum procedure; applicable time limits; the duty to substantiate the claim; available service providers of specialised legal assistance; available reception and health care service providers; legal consequences of failing to cooperate with SEF in substantiating the asylum claim; the purpose of fingerprinting and of all rights of data subjects in accordance to the EURODAC Regulation; information on the admissibility decision (Article 49(1)(a), (b), (c) and (2)); information on the rights and duties of beneficiaries of international protection (Article 66).
[2] This includes the individual notification of first instance decisions in admissibility and accelerated procedures on national territory (Article 20(3)); the individual notification of first instance decisions in admissibility and accelerated procedures and the right to appeal at the border (Article 24(5)); individual notification of SEF’s proposal for a first instance decision in the regular procedure (Article 29(2)); individual notification of the first instance decision and the right to appeal in the regular procedure (Article 29(6)); individual notification of the first instance decision, the right to appeal and the obligation to abandon national territory within 20 days regarding subsequent applications (Article 33(6) and (9)); individual notification of the first instance decision and the right to appeal regarding applications following a removal procedure (Article 33-A(6)); individual notification of outgoing Dublin take charge or take back decisions (Article 37(2)); individual notification of SEF’s proposal for the cessation, revocation, ending or refusal to renew the international protection status (Article 41(6)); individual notification of the cessation, revocation, ending or refusal to renew the international protection status (Article 43(2)).
[3] This includes immediate information in writing on the grounds of detention as well as the right to appeal and to free legal aid (Article 35-B(2)); information on the internal rules of the detention facility and the detainee’s rights and duties (Article 35-B(5)).
[4] This includes information on mandatory legal representation (Article 79(1)); information on the purpose, potential consequences and preparation of the personal interview by the legal representative (Article 79(4)); information on the submission to an age assessment expertise (Article 79(7)).
[5] Article 49(1)(d) Asylum Act.
[6] Articles 14(2), 24(2) and (5), 29(6), 33(6), 35-B(2) and (5), 37(2), 43(2), 49(1)(a), (b) and (2) and 66 Asylum Act.
[7] Information provided by AIMA on 25 June 2024.
[8] In the context of the right of reply of the authorities to the 2024 draft AIDA report (22 August 2025), AIMA specified that the leaflet is distributed at the time of registering the asylum application.
[9] Commission Implementing Regulation (EU) no.118/2014 of 30 January 2014, available here.
[10] Information provided by AIMA on 22 August 2025.
[11] Article 28(2) Asylum Act.
[12] Upon being informed of the registration of an asylum application made by an applicant that was not referred to CPR for the provision of material reception conditions, the organisation’s legal department sends a letter to the address indicated by AIMA to provide information regarding the possibility to receive free legal assistance and the relevant contacts to that effect.