Overview of the main changes since the previous report update

Portugal

Country Report: Overview of the main changes since the previous report update Last updated: 10/07/24

Author

Portuguese Refugee Council Visit Website

The report was previously updated in May 2023.

Background information

The reform of the national asylum authority[1] culminated in 2023 with the creation of the Agency for Integration, Migration and Asylum (AIMA), which began its operations on 29 October.[2] Until that date, SEF remained the national asylum authority.

Accordingly, from 29 October 2023, AIMA’s National Centre for Asylum and Refugees (CNAR) became the specialised determining authority in the field of asylum. The institutional change also entailed that existing general police forces became responsible for border control and for executing expulsion decisions.

According to CPR’s analysis, while the transition process was quite long, it was neither gradual, nor participatory. Notably, it did not include a sustained strategy of cooperation with other relevant public entities and with civil society organisations.

While the separation between administrative and law enforcement-related competencies is a positive element, the beginning of AIMA’s operation presented multiple challenges and potential protection shortcomings.

With regards to asylum in particular, CPR observed multiple gaps in the implementation of legal norms concerning the asylum procedure and reception conditions, without proper account to the need to ensure the continuity of services despite institutional reforms. Furthermore, there have been notable difficulties in obtaining information regarding the procedures adopted by the Agency, and a structural lack of adequate communication both with civil society organisations and with applicants for international protection. CPR also observed a growing tendency for narratives focused on the need to contain and limit the number of asylum applications, which is highly concerning.[3]

2023 was a particularly challenging year for civil society organisations involved in the provision of assistance to applicants for and beneficiaries of international protection. Due to lack of funding, notably due to delays in the provision of AMIF funding at national level, such organisations faced significant financial constraints leading to delays in payments, and to reductions of capacity and workforce. The permanent financial instability and lack of predictability of funding led to reduced capacity to respond to the needs of applicants for and beneficiaries of international protection and has, at times, undermined their subsistence.[4]

The Asylum Act was amended three times in the course of 2023.

The Decree-Law that created AIMA amended a number of legislative files, including the Asylum Act where the amendments focused on replacing references to SEF with references to AIMA, references to SEF’s National Director with Board of AIMA, and references to the Ministry of Home Affairs to the Ministry in charge of Migration.[5] These amendments, enacted in June, entered into force on 29 October 2023.

Act no.41/2023, of 10 August[6] included the definition of stateless person in the Asylum Act (article 2(1)(ai)), and added two provisions referring to the recognition and cessation of stateless status (articles 7-A and 7-B). The Act did not introduce any procedures to such effect, but determined that the Parliament should approve the Status of Stateless Persons in 90 days. The provisions entered into force on 11 August 2023. It is unclear why these provisions were added to the Asylum Act as they are not (exclusively) related to Asylum Law and the core regulation of statelessness determination, protection of stateless persons, and links to the asylum procedure are not included in this amendment.

Finally, Act no.53/2023, of 31 August[7] introduced a number of substantive amendments to the Asylum Act:[8]

  • A paragraph was added to the definition of the “safe third country” concept establishing that if the country at stake does not authorise the applicant to enter its territory, they must have access to the Portuguese asylum procedure.[9]
  • The danger for security clause determining exclusion from refugee status[10] was reworded;[11]
  • Among other minor changes to the corresponding provisions, the deadline for asylum seekers to respond in writing to the report on their application was reduced from 5 to 3 working days.[12] This change raises significant concerns as the new deadline is insufficient to ensure the right at stake and will likely create obstacles to its effective exercise (see: Asylum Procedure: Regular Procedure – Personal Interview);
  • A provision was added determining that, if a case is rejected exclusively due to the application of the safe third country concept, the applicant must receive a document informing the authorities of said third country that the merits of the asylum application have not been assessed in Portugal. Such document must be issued in the third country’s language.[13]
  • The danger for security clause determining withdrawal of international protection[14] was reworded;[15]
  • Situations where asylum seekers could be offered forms/combinations of material reception conditions other than those provided in the law became more restrict (see: Reception Conditions: Forms and levels of material reception conditions).[16]
  • Regarding the right of asylum seekers to the satisfaction of their basic needs to a level that guarantees their human dignity,[17] it was added that material reception conditions must satisfy basic needs.

As previously reported, in January 2023, the European Commission announced having opened infringement procedures to Portugal “for failing to transpose in a fully conform manner all provisions” of both the Qualification and the Reception Conditions Directives.[18] Further information remained unavailable at the time of writing.

In April 2023, the Committee on the Elimination of Racial Discrimination (CERD) published its Concluding Observations on the 18th and 19th periodic reports of Portugal.[19] With regards to international protection in particular, the Committed recommended Portugal to:[20]

  • Ensure that all applicants for international protection at the borders and in reception and detention centres are promptly received, registered, and referred to the asylum authorities and refugee status determination procedures, ensuring the identification of vulnerable applicants, in particular, stateless persons;
  • Ensure that the length of detention of migrants and asylum seekers is reasonable, necessary, and appropriate in accordance with international human rights standards;
  • Ensure that the living conditions and treatment in reception centres and detention facilities are in conformity with international standards.

By the end of 2022, the national Parliament approved a Parliamentary Resolution recommending the government to, inter alia, promote discussion regarding legal recognition and international protection of particularly vulnerable migrants, and to develop efforts to create an International Humanitarian Passport.[21]

In 2023, the national Parliament approved a Parliamentary Resolution recommending the government, inter alia, to condemn the barriers imposed by the Taliban regime for women to access higher education; to facilitate travelling and recognition of refugee stats to Afghan women barred from accessing higher education; to assess the creation of a specific student status to such women, in order to ensure prompt access to higher education in Portugal; to mirror such efforts both at European and international level.[22]

 

International protection

  • Key asylum statistics – first instance: According to the information provided by AIMA, in 2023, the Portuguese authorities registered 2,992 applications for international protection (including 96 made by persons relocated to Portugal). This figure includes 277 resettled refugees which are not usually counted as applicants for international protection. As such, excluding resettled refugees,[23] a total of 2,715 applications were registered in 2023. According to Eurostat data a total of 2,695 asylum applications were registered in Portugal in 2023[24] (see Statistics).
  • Key asylum statistics – appeals : According to CSTAF, a total of 306 appeals were lodged against negative asylum decisions in 2023, an increase of around 26% compared to 2022. Out of these, 287 were filled in TAC Lisbon. The information provided by the CSTAF for 2023 regarding the outcome of judicial reviews of first instance decisions indicates a poor success rate at appeal stage (8% at TAC Lisbon, and 9% at national level) (see Statistics).

Asylum procedure

  • Registration of asylum applications: Since the beginning of AIMA’s operation, CPR has observed/received reports of concerning practices pertaining to the registration of asylum applications, namely, provision of incorrect information, difficulties in registering asylum applications due to practices adopted by the services/lack of knowledge, and late registration (see: Asylum Procedure: Registration of the asylum application).
  • Interviews: Concerning systematic practices regarding asylum interviews have also been registered, notably:
    • Oversimplification of the interviews and of the questions asked to the applicants;
    • Interviews being conducted late in the night/early in the morning and following trips to different areas of the country;[25]
    • Applicants systematically asked during the interview if they wish to be immediately notified of the decision of their asylum application without being informed that such a decision implies a relinquishment of their right to reply to the interview/case report and without having access to legal information and assistance before making a decision;
    • Applicants not being informed of the possibility to be interviewed in a language they understand with the assistance of an interpreter, despite clear difficulties in communicating in another language;
    • Refusal by the interviewing officers to receive evidentiary elements despite the applicant’s attempts on the grounds that it would not be necessary (no written decision/explanation provided).[26]
  • A decision from TCA South issued in 2023 considered that the information provided by the applicant in writing following the interview are irrelevant as such statements are not spontaneous and are, consequently, motivated by the willingness to fulfil the requirements to be granted international protection[27] (see Asylum procedure – Personal interview).
  • Length of appeals procedures: information provided by the High Council of Administrative and Fiscal Courts (Conselho Superior dos Tribunais Administrativos e Fiscais – CSTAF) for 2023 regarding the duration of judicial reviews of first instance decisions reveals that, in 2023, the average duration of appeals at first instance courts was of 74 days (see Regular procedure – Appeals).
  • Dublin: According to the information provided by AIMA, only 29 Dublin transfers were implemented out of the total of 519 outgoing requests, out of which 393 accepted. The transfer rate (calculated on the basis of accepted requests) was thus of 7.4% in 2023 [28] (see Dublin).
  • Resumption of the border procedure: The application of the border procedure was resumed in November 2023 and it has been systematically applied since then, including to vulnerable applicants. CPR has observed a number of problematic practices impacting the procedural guarantees of asylum seekers subjected to the border procedure and the corresponding use of detention (as well as detention conditions) (see Border procedure).
  • Safe country of origin: While according to CPR’s observation AIMA did not explicitly use the safe country of origin concept to reject asylum applications in accelerated procedures, the organisation received reports of applicants that described being told by AIMA officials that no positive decisions are issued to applicants from certain nationalities, notably Gambia and Senegal[29] (see Safe country of origin).

 Reception conditions

  • Responsibility for provision of material reception conditions: Until 29 October 2023, the primary responsibility for the provision of material reception conditions lay with the Ministry of Home Affairs. Due to the institutional changes that occurred in 2023, from that date on, the primary responsibility for the provision of material provisions is assigned to the Ministry in charge of Migration.[30] Responsibility for the provision of material reception conditions to asylum seekers who pass the admissibility procedure and are in the regular procedure lies with the Ministry of Employment, Solidarity and Social Security.[31] The authorities can cooperate with other public entities and/or private non-profit organisations within the framework of a MoU to ensure the provision of such services.[32] The process of termination of the activity of SEF and ACM led to the suspension of the activity of the SOG,[33] with the exception of the social monitoring sub-group.
  • Lack of funding for accommodation: In the last quarter of 2023 CPR has been unable to ensure the provision of accommodation to all spontaneous asylum seekers as per previous practice both due to the lack of further capacity of infra-structures, and to the lack of funding to that effect.[34] Within this context, AIMA has been directly providing accommodation to asylum seekers under the competencies assigned by the Asylum Act to the Ministry in charge of Migration[35] (see Reception conditions).
  • Issues in provision of material reception conditions: According to the information available to CPR, AIMA provides accommodation in hostels/hotels. CPR has received consistent reports of significant issues impacting asylum applicants within this context, namely: lack of information, lack of access to material reception conditions, instances of withdrawal of accommodation immediately following notification of a negative decision (in violation of the applicable legal framework), frequent and often unannounced changes of place of accommodation, and lack of response to specific needs (including access to health care) (see Reception conditions).[36]
  • Updated financial allowance: In 2023, ISS updated the reference value of the financial allowances granted to asylum seekers under its support – from social pension (pensão social) to a percentage (70%) of the Social Support Reference Index (Indexante de Apoios Sociais, IAS). According to the information provided by ISS, the reference value of 70% will rise to 85% in 2024, and to 100% of the IAS in 2025. ISS reported that this change was implemented in response to the increasing cost of living. Article 57(4) was amended in 2023,[37] limiting the situations where asylum seekers could be offered forms/combinations of material reception conditions other than those provided in the law (see Forms and levels of material reception conditions).
  • Insufficient levels of material reception conditions to cover needs: The Asylum Act enshrines the right of asylum seekers to the satisfaction of their basic needs to a level that guarantees their human dignity.[38] One of the amendments to the Asylum Act enacted in 2023 added that the material reception conditions must satisfy basic needs.[39] The Asylum Act does not include further specific criteria to determine what is an adequate standard of living which guarantees their subsistence and protects their physical and mental health as per Article 17(2) of the recast Reception Conditions Directive. While it can be argued that the 2023 amendment responds to the subsistence requirement included in the Directive, it is doubtful that it implies adequate protection of the physical and mental health of asylum seekers. CPR’s Social Department receives regular complaints from asylum seekers at all stages of the asylum procedure regarding financial difficulties to meet basic needs and anxiety regarding low levels of income. In 2023, CPR continued to note an increase in the number of requests for additional food support, particularly from families with children. This assessment regarding the level of financial allowances was also confirmed by SCML (see Forms and levels of material reception conditions).
  • Access to adequate housing: Access to adequate housing remained as a major issue. Factors such as high prices, and contractual demands including high deposits, need of guarantors and proof of income hinder the capacity of asylum seekers and refugees to access the market directly, and that of frontline service providers to increase reception capacity. Consequently, asylum seekers and refugees often have to resort to overcrowded or sub-standard housing options when accessing the private housing market[40] (see Housing).
  • Accommodation of unaccompanied children: In the course of 2023, CPR has often reported to the relevant authorities not being able to accept further referrals of unaccompanied children due to lack of capacity of CACR. According to the information available to CPR, in such cases, children are usually referred to child-care facilities of the general national protection system. CPR has also received reports of unaccompanied children provided accommodation directly by AIMA in general facilities used by the Agency for the accommodation of asylum seekers (such as hostels), despite being underage. To the extent of CPR’s knowledge, such children are provided assistance by organisations specialised in child-care, but it is unclear whether further adaptations are made by the authorities to ensure compliance with the rules applicable to the reception of unaccompanied children. Information regarding the reasons/criteria underlying this practice (see Special reception needs of vulnerable groups).

Detention of asylum seekers

  • Resumption of the border procedure: The application of border procedures and of detention of asylum seekers subjected to border procedures was resumed by the beginning of November 2023, after being suspended for approximately 3 and a half years. It is publicly known that since late October/beginning of November 2023, asylum seekers 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[41] (see Border procedure and Detention).
  • Authority responsible for detention facilities: Following the termination of SEF’s activities, 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 (see Detention).
  • Detention statistics: PSP reported that a total of 127 foreign nationals were subject to administrative detention between 29/10/2023 and 31/12/2023, of which 101 were asylum seekers.[42] According to the information provided by PSP, there is no limit to the number of persons that may be detained in such spaces. According to the information provided by PSP only 11 persons were detained in the transit zone of the Lisbon airport between 29 October 2023 and 31 December 2023, for an average period of 48 hours, but CPR’s observation and public reports point towards much higher figures and longer periods. (see Detention).
  • Detention conditions: CPR has received consistent reports according to which significant numbers of asylum seekers remained detained in the international area of the airport for prolonged periods of time in conditions that are incompatible with human dignity. For instance, people sleeping in airport seats/floor/camp beds and not having access to bedclothes, personal items, and personal hygiene facilities on a systematic basis. CPR has also received reports that the food provided (mostly sandwiches) was not adequate and did not fulfil nutritional needs. This situation has also been publicly condemned by the National Preventive Mechanism (see Detention conditions). 

Content of international protection

  • Statistics on beneficiaries of international and national protection: While noting the existence of difficulties in determining the number of beneficiaries of international protection in the country each year, the Statistical Report of Asylum 2023 indicates that by the end of 2022, 3,126 beneficiaries of international protection had valid residence permits in Portugal (2,086 refugees and 1,040 beneficiaries of subsidiary protection).[43] It should be noted that the report includes humanitarian residence permits as beneficiaries of subsidiary protection which is not in line with the applicable legal framework. It also includes in the figure residence permits issued to family members of holders of humanitarian residence permits. As such, the real number of beneficiaries of subsidiary protection at the time would likely be 636. According to the same source, the majority of refugees were from Syria, Eritrea and Iraq, and the majority of subsidiary protection beneficiaries were from Syria, and Iraq[44] (see Content of international protection – Residence permit).
  • Naturalisation: According to AIMA, 272 beneficiaries of international protection applied to Portuguese nationality through naturalisation in 2023. AIMA did not provide information regarding the number of persons granted Portuguese nationality through naturalisation in 2023. Disaggregation per status was also not provided (see Naturalisation).

 

Temporary protection

The information given hereafter constitute a short summary of the Portugal Report on Temporary Protection, for further information, see Annex on Temporary Protection.

  • Actions related to sexual violence: The national Parliament approved a Parliamentary Resolution recommending the government, inter alia, to support an international investigation to sexual crimes perpetrated within the context of the armed conflict in Ukraine; to provide support to mental and physical healthcare to persons displaced from Ukraine victims of sexual violence and collect their statements; to provide sexual and reproductive healthcare to refugees.[45]
  • Duration of temporary protection: the duration of temporary protection was extended twice by the Portuguese government in the course of 2023. In March 2023, the Government approved a Resolution extending the validity of temporary residence permits for 6 months (from 1 March 2023 to 1 September 2023).[46] In October, another Resolution was approved, extending the validity of such residence permits for 6 months (from 1 September 2023 to 1 March 2024).[47] In February 2024, the government approved a resolution that extended the validity of temporary protection residence permits until 31 December 2024. The resolution also transferred the competencies previously allocated to SEF to AIMA.[48]
  • Key temporary protection statistics: According to the information provided by AIMA, since 2022, 59,361 persons requested registration for temporary protection to the Portuguese authorities.[49] Out of these, 8,284 were third country nationals that lived in Ukraine, mostly from Nigeria, Morocco, India, Russia, and Algeria.[50] Per AIMA’s data, by the end of the year, there were 54,231 beneficiaries of temporary protection registered in the country.[51] AIMA did not provide information regarding the number of refusals and withdrawals of temporary protection. According to Eurostat’s data, no withdrawals have occurred in Portugal since the beginning of the application of temporary protection.[52] According to media reports, around 4,000 beneficiaries of temporary protection left Portugal between April and May 2023.[53]
  • Issuance of certificates for temporary protection: In the course of 2023, CPR became aware of cases of significant delays (up to one year) in the issuance of the certificates of temporary protection without any information being provided by the authorities to the persons concerned. This has particularly impacted non-Ukrainians. This problem has also been flagged by the Ombudsperson in the report to the Parliament covering 2022 (and published in 2023). According to the same report, SEF informed the Ombudsperson that such cases required a more detailed analysis, notably regarding security and documentary checks.[54]

 

 

[1] For detailed information on the process and its origins prior to 2023, please revert to previous AIDA reports. 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.

[2] Decree-Law no. 41/2023, of 2 June 2023 creating the Agency for Integration, Migration and Asylum, I.P., available at: http://tinyurl.com/3vsf4bzx; Ministerial Order no. 324-A/2023 of 27 October, approving the Statute of Agency for Integration, Migration and Asylum, I.P., available at: http://tinyurl.com/br97m4ws.

[3] Within the context of the right of reply of the authorities to the draft AIDA report, AIMA noted that it had strengthened its procedures with the support of UNHCR. Information provided by AIMA, 25 June 2024.

[4] See, for instance: Expresso, Atraso do Governo pode deixar várias centenas de refugiados “na rua”, diz o Serviço Jesuíta aos Refugiados, 24 November 2023, available at [paywall]: https://tinyurl.com/ka8u3fxp; Público, Conselho Português para os Refugiados confirma salários e verbas em atraso, 8 January 2024, availble at: https://tinyurl.com/t73nw4ue.  Within the context of the right to reply of the authorities to the draft AIDA report, AIMA affirmed that it has expanded reception capacity and that the procedures adopted aimed to ensure transparency. It also confirmed that the transition between financial frameworks created constraints, but asserted that such constraints had been overcome by June 2024.

[5] Decree-Law no. 41/2023, of 2 June 2023, available at: https://tinyurl.com/3w7nxe94.

[6] Act no.41/2023, of 10 August, available at: https://tinyurl.com/34a66wnn.

[7] Act no.53/2023, of 31 August, available at: https://tinyurl.com/53zu86c6.

[8] These amendments entered into force of 29 October 2023.

[9] Article 2(1)(r)(iv) Asylum Act.

[10] Article 9(1)(d) Asylum Act.

[11] It previously referred to a “danger or established threat to internal or external security or to the public order” and was amended to “danger do the security of the Member State where [the person is] present.”

[12] Article 17(2) Asylum Act.

[13] Article 19-A(3) Asylum Act.

[14] Article 41(5)(c) Asylum Act.

[15] The reference to “danger to the internal security” was replaced by “danger do the security of the Member State where [the person is] present.”

[16] Article 57(4) Asylum Act.

[17] Article 56(1) Asylum Act.

[18] European Commission, January Infringements package: key decisions, 26 January 2023, available at: https://bit.ly/3nD0sJg. See also: Fundamental Rights Agency (FRA), Asylum and Migration: Progress Achieved and Remaining Challenges, p.29, April 2023, available at: https://tinyurl.com/3z46dtu8

[19] Committee on the Elimination of Racial Discrimination, Concluding Observations on the combined eighteenth and nineteenth periodic reports of Portugal, CERD/C/PRT/CO/18-19, 28 April 2023, available at: https://tinyurl.com/26znu7z8.

[20] Ibid, par.34, c), d), and e).

[21] Resolução da Assembleia da República no.8/2023, of 16 February 2023, available at: https://tinyurl.com/55dh8svp.

[22] Resolução da Assembleia da República no.11/2023, of 28 February 2023, available at: https://tinyurl.com/5aahzrva.

[23] For purposes of comparison with previous years, this figure should be considered.

[24] Eurostat, Asylum applicants by type, citizenship, age and sex – annual aggregated data, available at: https://tinyurl.com/mpehcsf2.

[25] In some cases, applicants in such situations have also reported not being provided adequate food in the meantime.

[26] Within the context of the right of  reply of the authorities to the draft AIDA report, AIMA denied that this specific practice occurred. AIMA, 25 June 2024.

[27] TCA South, Decision 3275/22.0BELSB, 23 March 2023, available at: https://tinyurl.com/2bpmc3c5.

[28] The transfer rate on the basis of the overall number of outgoing requests was of 5.6%.

[29] Information provided by AIMA, 25 June 2024.

[30] This includes admissibility procedures (including Dublin procedures); accelerated procedures, border procedures, subsequent applications and applications following a removal decision: Article 61(1) Asylum Act. As previously mentioned, until the end of 2023 migration was part of the portfolio of the Ministry of Parliamentary Affairs.

[31] Article 61(2) Asylum Act.

[32] Article 61(1) and (2) in fine Asylum Act.

[33] The last meeting of the extended line-up of the SOG took place on 20 September 2023.

[34] On the one hand, there were significant delays in the provision of AMIF funding at national level, on the other, since the beginning of its operations AIMA publicly stated that it wanted to evaluate the provision of services by the organisation before renewing any cooperation frameworks. While AIMA and CPR signed a contract for the provision of accommodation for a limited number of asylum seekers in January 2024, this did not ensure the payment of services previously ensured by the organisation and did not provide sufficient resources for CPR to continue ensuring the usual reception model. In fact, by the end of the year the organisation often faced financial constraints leading to delays in the payment of financial allowances to asylum seekers and salaries to employees. See, for instance: Público, Conselho Português para os Refugiados confirma salários e verbas em atraso, 8 January 2024, availble at: https://tinyurl.com/t73nw4ue.

[35] Article 61(1) Asylum Act.

[36] Within the context of the right to reply of the authorities to the draft AIDA report, AIMA stated that all asylum seekers are informed of the available accommodation and its conditions, and that all asylum seekers were offered accommodation. It has also noted that asylum seekers are duly informed of changes to their accommodation arrangements, and that applicants are referred to healthcare authorities. AIMA did not provide further information regarding the procedures and criteria for withdrawal of accommodation. Information provided by AIMA, 25 June 2024.

[37] As per article 6 Act no.53/2023, of 31 August 2023. The amended version entered into force on 29 October 2023.

[38] Article 56(1) Asylum Act.

[39] Article 57(5) Asylum Act.

[40] It should be noted that while these issues are not only specific to applicants and beneficiaries of international protection, factors such as the absence of support networks increase their impact in asylum seeking and refugee families.

[41] See, for instance: Diário de Notícias, Requerentes de asilo “dormem em bancos” no aeroporto. Sindicato da PSP denuncia situação “caótica”, 3 December 2023, available at: https://tinyurl.com/p77u7m8m.

[42] Note that the statistics provided by PSP to this report only cover the period between 29/10/2023 and 31/12/2023. Data regarding SEF’s tenure is not available.

[43] Observatório das Migrações (OM), Requerentes e Beneficiários de Proteção Internacional – Relatório Estatístico do Asilo 2023, pp.221 e ss, July 2023. While the reports produced by the OM were previously available online, at the time of writing it was not possible to access them online, neither in the website of ACM, which was still online, nor in the website of AIMA.

[44] Ibid. Nationalities such as Cape Verde, and Brazil are listed among the main nationalities of beneficiaries of subsidiary protection, which is likely due to the fact that the figures include holders of humanitarian residence permits.

[45] Resolução da Assembleia da República no.52/2023, of 29 May 2023, available at: https://tinyurl.com/4rnabrmh.

[46] Resolution of the Council of Ministers no.22-D/2023, of 13 March 2023, available at: http://tinyurl.com/y54rua6r.

[47] Resolution of the Council of Ministers no.120/2023, of 9 October 2023, available at: http://tinyurl.com/47bfmcxm.

[48] Resolution of the Council of Ministers no. 29/2024, of 29 February, available at: https://tinyurl.com/5b5x36u9.

[49] 23,776 Men, 35,585 Women; 14,457 Children (information on the number of unaccompanied children was not provided by AIMA). The overall figure seems to be incoherent with Eurostat’s data on granting of temporary protection as the latter indicates that a total of 65,770 persons have been granted temporary protection since the activation of the mechanism, out of which 8,550 in 2023. Eurostat’s data available at: https://tinyurl.com/5c8h7xsa.

[50] Information provided by SEF for the previous edition of this report indicated that, out of the 56,599 persons that requested registration for temporary protection in 2022, 12,075 were third country nationals that lived in Ukraine. The reasons for this discrepancy in the figures are unknown.

[51] However, Eurostat’s data indicates that by the end of December 2023, there were 58,820 registered beneficiaries in Portugal. See: https://tinyurl.com/27xhnv5k.

[52] Eurostat, Decisions withdrawing temporary protection by citizenship and reason – quarterly data, available at: https://tinyurl.com/mr23buv3.

[53] Lusa, Perto de 4.000 refugiados ucranianos já deixaram Portugal, 5 June 2023, available at: https://tinyurl.com/37m77w37.

[54] Ombudsman, Relatório à Assembleia da República 2022, July 2022, available at: https://tinyurl.com/4j5jexx6, 58-59.

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