Author
Between March 2020 and October 2023, detention of asylum applicants predominantly occurred when applicants for international protection were previously detained pending a removal procedure,[1] and in cases where precautionary measures/alerts regarding the person concerned were active.
The application of border procedures and of detention of asylum applicants subjected to border procedures was resumed by the beginning of November 2023, after being suspended for approximately 3 and a half years.
While the Asylum Act also provides for the possibility of placing other categories of asylum applicants in detention,[2] including those subjected to Dublin procedures, according to CPR’s experience, these are not used in practice.
The competent authority to place and review the detention of an asylum applicant in a Temporary Installation Centre (CIT),[3] or in detention facilities at the border,[4] is the Criminal Court with territorial jurisdiction over the place where detention is imposed. In the case of detention at the border, PSP initially imposes detention, but is required to inform the Criminal Court of said detention measure within 48 hours of arrival at the border for the purpose of maintaining the asylum applicant in detention beyond that period.[5] For information on the preliminary checks at border points prior to detention, see: Preliminary checks of third country nationals upon arrival.
UNHCR, CPR, legal representatives, and other NGOs have effective access to asylum applicants in detention at the border in accordance with the law.[6] Nevertheless, access to legal information as well as assistance in detention has been hindered by factors such as shorter deadlines, and limited capacity of service providers.
In addition to the impacts of detention, shorter deadlines and reduced procedural guarantees are applicable in the context of procedures conducted while the applicants are detained. These reduced guarantees increase the risks of poorer quality decision-making.Unidade Habitacional de Santo António (CIT–UHSA)[7] is the only temporary installation centre per se currently functioning in Portugal. The main detention facility at the border is located at the Lisbon airport and has an overall capacity of 18 places. Airport detention facilities also exist at Porto and Faro airports with a capacity of 18 and 15 places respectively.[8]
It is publicly known that since beginning of November 2023, asylum applicants and other migrants refused entry into national territory at Lisbon airport were frequently detained in the transit zone of the airport in appalling conditions due to the lack of capacity of the corresponding detention facility.[9] This practice worsened again in 2025, with asylum applicants remaining detained in the transit area of Lisbon airport for some time until they were placed in administrative detention centres.
As mentioned in Determining Authority the termination of the activity of SEF entailed that existing general police forces became responsible for border control and for executing expulsion decisions. As such:
- The National Republican Guard (Guarda Nacional Republicana, GNR) became responsible for the surveillance and control of maritime and land borders, and for executing expulsion decisions within its jurisdiction;[10]
- The Public Security Police (Polícia de Segurança Pública, PSP) became responsible for the surveillance and control of air borders, and for executing expulsion decisions within its jurisdiction.[11]
Consequently, PSP became responsible for the operation of CIT-UHSA and airport detention facilities since 29 October 2023. According to the information provided by PSP, this change posed operational and administrative challenges. PSP noted, for instance, the need to provide specific training to officials and to allocate them to the detention facilities, the limited capacity of the facilities, and the transition of service provision contracts previously concluded by SEF to PSP.
In July 2025, the National Unit for Foreigners and Borders (UNEF) was established within PSP,[12] assuming responsibility for airport border control, management of administrative detention centres, monitoring of foreign nationals on national territory, and processing and executing return procedures (following the transfer of AIMA’s responsibilities in this regard). It has four central units: central unit for border management; central unit for return and readmission; central unit for foreigners and migration; and central unit for civic aviation security.
PSP reported that a total of 1,345 third-country nationals were subject to administrative detention during 2025, of which 449 were asylum applicants.
CPR is aware that in some cases in 2025 the release from detention was delayed due to the lack of reception responses on national territory, including applicants with special reception needs, even where a court order for release had been issued. For more information, see: The right to reception and sufficient resources
[1] Article 35-A(3)(b) Asylum Act.
[2] Article 35-A(3) Asylum Act.
[3] Article 35-A(5) Asylum Act.
[4] Article 35-A(6) Asylum Act.
[5] Ibid.
[6] Article 49(6) Asylum Act.
[7] Decree-Law 44/2006 provides for the creation and functioning of CIT – UHSA in Porto.
[8] While pre-removal facilities also exist in the airports of Ponta Delgada and Madeira, CPR is unaware of its use for detention of applicants for international protection.
[9] See, for instance: Diário de Notícias, Requerentes de asilo “dormem em bancos” no aeroporto. Sindicato da PSP denuncia situação “caótica”, 3 December 2023, available here.
[10 Article 2(a) 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 here.
[11] Ibid, article 2(b).
[12] Act 55-C/2025, of 22 July 2025, creating the National Foreigners and Borders Unit (UNEF), available here.