Author
The Portuguese authorities are bound by a duty to issue travel documents to refugees and beneficiaries of subsidiary protection.[1]
The refugee travel document consists of an electronic travel document,[2] following the Refugee Convention format,[3] which, since 2022, is valid for five years and renewable.[4] The document is to be issued unless imperative national security/public order require otherwise.[5] The authorities competent for granting refugee travel documents consist of the National Director of SEF/Board of AIMA[6] for applications made on the national territory, and consulates[7] for applications made abroad.[8]
Between January 2023 and 28 October 2023, the issuance of the refugee travel document had a cost of €23.65.[9] On 29 October 2023, the cost increased to € 31,45.[10]
In the case of beneficiaries of subsidiary protection, the issuance of travel documents is left to the discretion of national authorities, at odds with Article 25(2) of the recast Qualification Directive. The Asylum Act states that a Portuguese passport for foreigners may be issued to beneficiaries of subsidiary protection who cannot demonstrably obtain a national passport unless imperative motives of national security/public order require otherwise.[11]
Beneficiaries of subsidiary protection are thus required to present a valid residence permit and to demonstrate their inability to obtain a national passport, notably on the basis of relevant proof or credible statements showing a potential risk to their own safety or the refusal of their country’s consular representation to issue such a passport.[12] The standard for this analysis is not further specified by law and guidance in this regard is not publicly available.
The Portuguese passport for foreigners is valid for a period of up to two years,[13] and, in 2023, had a cost of €121.16.[14]
Following the termination of the activities of SEF, the issuance of travel documents was assigned to the Institute of Registries and Notary (Instituto dos Registos e Notariado, IRN).[15] Following queries made within the context of the provision of legal assistance to beneficiaries of international protection, CPR learnt that such documents were not being issued until March 2024 due to operational issues.
According to AIMA, a total of 344 travel documents were issued to beneficiaries of international protection in 2023. A breakdown by status of the holders was not provided by the Agency.
According to the experience of CPR, the length of the procedure for issuing a travel document can be considered reasonable overall and does not exceed a couple of months.
AIMA did not provide information on refusals for 2023.
[1] Article 69 Asylum Act; Article 19 Immigration Act.
[2] Ministerial Order no. 302/2015 of 22 September 2015 and Ministerial Order 412/2015 of 27 November 2015.
[3] Article 69(1) Asylum Act.
[4] Article 19 Immigration Act. An amendment to the Immigration Act enacted in 2022 extended the validity of the refugee travel document from one to five years.
[5] Article 69(1) Asylum Act.
[6] Upon favourable opinion of the Borders and Foreigners Coordination Unit.
[7] Upon favourable opinion of the Borders and Foreigners Coordination Unit and AIMA.
[8] Article 20 Immigration Act.
[9] Ministerial Order no. 1334-E/2010 of 31 December 2010 last amended by Ministerial Order 204/2020 of 28 August, available at https://bit.ly/3mEANLq. Amount applied in 2023, according to information publicly available at: https://tinyurl.com/38z32ss3. Until September 2020 the refugee travel documents issued by the Portuguese authorities were not electronic and their issuance was free of charge.
[10] Ministerial Order no.307/2023 of 13 October, available at: https://tinyurl.com/yc5zmeyy.
[11] Article 69(2) Asylum Act.
[12] Decree-Law 83/2000 of 11 May 2000, as amended by Decree-Law 138/2006 of 26 July 2006.
[13] Article 38 Decree-Law 83/2000 of 11 May 2000.
[14] Ministerial Order n. 1334-E/2010 of 31 December 2010 last amended by Ministerial Order 204/2020 of 28 August, available at https://bit.ly/3mEANLq. Amount applied from 03/05/2022 onwards, according to information publicly available at: https://bit.ly/3XqEN3Y.
[15] Article 3(1)(b) Act n. 73/2021 of 12 November 2021 approving the restructure of the Portuguese system of border control, reshaping the regime of the forces and services responsible for internal security and establishing other rules for the redistribution of competences and resources of the Immigration and Borders Service, last amended by Act n. 53/2023, of 31 August 2023, available at: https://bit.ly/3OitRkJ.