Author
Until 29 October 2023, the primary responsibility for the provision of material reception conditions laid 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.[1] Nevertheless, the 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.[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]
For the majority of the year, the practical framework for the reception of asylum seekers 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.
In practice, for most of the year, the following entities were competent to provide reception conditions to spontaneous applicants, depending on the type and stage of the procedure and/or the profile of the applicant:
- The Institute for Social Security (ISS) provided material receptions conditions to asylum seekers in the regular procedure;
- Santa Casa da Misericórdia de Lisboa (SCML) assisted asylum seekers who have submitted an appeal against a Dublin decision or a first instance decision (with the exception of a first instance decision in the regular procedure) as well as certain categories of asylum seekers in the regular procedure;
- The Portuguese Refugee Council (CPR) provided reception services to asylum seekers in the admissibility (including Dublin) and accelerated procedures on the national territory. CPR also provided material reception conditions to unaccompanied children in the regular procedure and at appeal stage in accordance with the relevant protective measures.
- The Immigration and Borders Service (SEF) was responsible for the provision of material reception conditions within the context of border procedures and procedures in detention following a removal order.[7]
As described infra, following the termination of SEF, and the beginning of AIMA’s operations, some changes have occurred to the practical arrangements in place for the provision of material reception conditions to asylum seekers. Despite the institutional changes, ISS, SCML and CPR continued to work on the above-mentioned areas.
Asylum seekers 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 practice, the majority of spontaneous asylum applicants were systematically referred by SEF and benefited from the provision of material reception conditions by CPR in the framework of admissibility and accelerated procedures on the territory. This has been done without a strict assessment of resources by SEF as most asylum seekers had recently arrived in the country and were considered as being manifestly in need of assistance. In cases where they had financial resources or relatives in Portugal, certain asylum seekers chose not to benefit from the accommodation provided by CPR.
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.[13] 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.[14]
Within the context of the right of reply of the authorities to the draft AIDA report, AIMA asserted that it has expanded the reception capacity and that the procedures adopted aimed to ensure transparency. It also confirmed that the transition between financial frameworks created constraints but affirmed that such constraints had been overcome by June 2024.[15]
Adults, and families with children who receive reception conditions provided by CPR are mostly accommodated at CPR’s Refugee Reception Centre (CAR) or in private accommodation provided by CPR (apartments and rooms in the private market or hostels) during admissibility (including Dublin) and accelerated procedures on the territory. In the case of unaccompanied children, CPR’s Refugee Children Reception Centre (CACR) offers appropriate housing and reception conditions during the regular procedure and at appeal stage.
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).
Within the context of the right of 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, although they witnessed some refusals, according to AIMA because the accommodation was outside of Lisbon. 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.[16]
Asylum seekers 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.
CPR ensures accommodation until ISS or SCML take over and asylum seekers only leave its facilities when alternative accommodation is secured.
[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 at: https://bit.ly/3oBLXQm.
[6] The last meeting of the extended line-up of the SOG took place on 20 September 2023.
[7] Article 61(1) Asylum Act.
[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.
[13] 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, available at: https://tinyurl.com/t73nw4ue.
[14] Article 61(1) Asylum Act.
[15] Information provided by AIMA on 25 June 2024.
[16] Information provided by AIMA on 25 June 2024.