Author
Since 29 October 2023, the primary responsibility for the provision of material provisions is assigned to the Ministry in charge of Migration.[1] Nevertheless, the responsibility for the provision of material reception conditions to asylum applicants who pass the admissibility procedure and are in the regular procedure lies with the Ministry of Employment, Solidarity and Social Security.[2] 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.[3]
In the past, the practical framework for the reception of asylum applicants in Portugal stemmed from bilateral MoUs;[4] the resolution of the Council of Ministers no. 103/2020 of 23 November 2020, establishing a single system of reception and integration of applicants for and beneficiaries of international protection; and the internal regulations of the Single Operative Group (SOG) it created.[5]
The process of termination of the activity of SEF and ACM led to the suspension of the activity of the SOG,[6] with the exception of the social monitoring sub-group, which continues to meet, but bilaterally.
Following the termination of SEF and the beginning of AIMA’s operations, some changes occurred to the practical arrangements in place for the provision of material reception conditions to asylum applicants[7] (see Criteria and restrictions to access reception conditions).
Asylum applicants who lack resources[8] are entitled to support from the moment they apply for asylum[9] until a final decision is reached on their asylum application,[10] without prejudice to the suspensive effect of appeals,[11] and to the provision of material reception conditions beyond final rejection in case of the ongoing need for support on the basis of an individual assessment of the applicant’s social and financial circumstances.[12]
In 2024, CPR received consistent reports of people who faced challenges in presenting asylum applications across the country and were moreover not referred to reception solutions. There have also been reports of a lack of information and social support and/or reception solutions even after an asylum application has been lodged.
According to AIMA, asylum applicants are mostly accommodated in reception centres, collective accommodation and/or shared rooms, managed by entities that have signed a MoU with the Agency.
Asylum applicants supported by ISS are mostly provided with private housing (rented flats/houses and rooms) without prejudice to accommodation provided by relatives in Portugal and collective accommodation such as hotels or non-dedicated reception centres e.g., emergency shelters, nursing homes, etc. Applicants supported by SCML are accommodated either in private housing, or in hostels.
The provision of special reception conditions for unaccompanied children during the asylum procedure is currently managed by ISS.
[1] 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.
[2] Article 61(2) Asylum Act.
[3] Article 61(1) and (2) in fine Asylum Act.
[4] Notably MoUs between the Ministry of Home Affairs / SEF and CPR, between ISS and CPR, and between the ISS and Santa Casa da Misericórdia de Lisboa (SCML).
[5] Resolution of the Council of Ministers no. 103/2020 of 23 November 2020, available here.
[6] The last meeting of the extended line-up of the SOG took place on 20 September 2023.
[7] For further information regarding the previous framework, please see previous AIDA reports available here.
[8] Articles 51(1) and 56(1) Asylum Act.
[9] Articles 51(1), 56(1) and 2(1)(ae) Asylum Act.
[10] Article 60(1) Asylum Act.
[11] Articles 60(1) in fine and 30(1) Asylum Act.
[12] Article 60(2) Asylum Act.