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 for applications made on the national territory, and consulates for applications made abroad.[6]
In 2022, the issuance of the refugee travel document had a cost of €21.93.[7]
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.[8]
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.[9] 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,[10] and, in 2022, had a cost of €112.39.[11]
According to SEF, in 2022 a total of 512 travel documents were issued to beneficiaries of international protection, of which 390 to refugee status holders and 122 to beneficiaries of subsidiary protection.
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.
According to the statistics provided by SEF, no request was refused in 2022.
[1] Article 69 Asylum Act; Article 19 Immigration Act.
[2] Ministerial Order 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] Article 20 Immigration Act.
[7] 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. In 2021 it costed €21.66. Until September 2020 the refugee travel documents issued by the Portuguese authorities were not electronic and their issuance was free of charge.
[8] Article 69(2) Asylum Act.
[9] Decree-Law 83/2000 of 11 May 2000, as amended by Decree-Law 138/2006 of 26 July 2006.
[10] Article 38 Decree-Law 83/2000 of 11 May 2000.
[11] 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.