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PROPOSED LAW NO. 37 /X

Exhibition of Motives

Through the present initiative is aimed at the approval of provisions complementing the

current legal framework on asylum and refugees, established by Law No. 15/98, of 26 of

March.

Being certain that about such a matter was meanwhile passed the Community Directive

2003 /9/CE of January 27, 2003, which set minimum standards in respect of

reception of asylum seekers in the Member States, the enhanced legal framework

and complemented by the present diploma endows the Portuguese Republic of standards that

guarantee a reception of the asylum seekers in conditions of human dignity,

taking into account the temporary character of the supports granted and the different phases of the

procedure laid down in Law No. 15/98 of March 26 (the Asylum Act), since the

presentation of the application for asylum until final decision to be delivered on the same.

Deliberately, it has chosen to keep untouchable the constant normative heritage of the

Asylum law behold, which enshrines rights in a far more candid form that the regime

defined in the minimum standards approved at community headquarters. Took advantage of

freedom given to states by the Directive, to fully maintain the regime more

favorable existing in our legal planning, without prejudice to the necessary prediction

of the specific regulatory standards set out in the Directive, on whose strict and

full transposition matters that there are no doubts.

Simultaneously, it seeks to improve the effectiveness of the national host system

upon clarification of responsibilities for the implementation and financing of supports

and the establishment of a close articulation among all the entities involved in this

matter, be it State or Non-governmental Organizations.

The improvement of the national asylum seeker system includes, as yet, the

adoption of measures that can effectively meet the special needs of the

more vulnerable groups, as well as the legal consecration of mechanisms that allow

combat abuse of the host system, in accordance with the established in

Directive No 2003 /9/CE.

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Thus:

Under the terms of the paragraph d) of Article 197º (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposed law

CAPITCHAPTER I

PURPOSE AND DEFINITIONS

Article 1.

Purpose and scope

1-A This Law approves supplementary provisions of the legal framework-legal on

asylum and refugees, established by Law No. 15/98 of March 26, ensuring

full transposition into the internal legal order of Directive No 2003 /9/CE of the

Council, of January 27, 2003, laying down minimum standards in respect of

reception of asylum seekers in the Member States.

2-This diploma is not applicable to cases covered by Law No. 67/2003, 23

of August, relating to the scheme for granting temporary protection in the case of

massive influx of displaced persons from third countries.

Article 2.

Definitions

For the purposes of this Law shall be understood by:

a) "Geneva Convention", the Convention on the status of refugees, of

July 28, 1951, amended by the New York Protocol of January 31

of 1967;

b) "Request for asylum", the application submitted by a national of a third country

or by a stateless person that can be considered as a request for protection

international directed at the Portuguese authorities, under the Convention of

Geneva or of another subsidiary scheme of international protection provided for in

law, owing an application for international protection to be considered an application

of asylum, save if the national of a third country or the stateless person requests

expressly another form of protection which is susceptible to a separate application;

c) "Applicant" or "asylum seeker", a national of a third country or a

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stateless who submitted an application for asylum that has not yet been the subject of

definitive decision;

d) "Members of the family", the following relatives of the asylum seeker, who if

they find in national territory due to their application for asylum and provided that the

family is already constituted in the country of origin:

i) the spouse of the asylum seeker or the unmarried partner living

demonstrably in a stable relationship more than two years ago;

ii) the children minor or incapable of the couple or of one of the spouses or of the

partners as long as they are single and dependent, regardless of

have been born of the marriage or outside of it, or those adopted, in the terms

of the applicable law;

e) "Refugee", the person who fulfils the requirements set out in Article 1.A

of the Geneva Convention;

f) "refugee status", the recognition by the competent

Portuguese authorities of a national of a third country or of a stateless person

as a refugee and that in that capacity be allowed to remain in

national territory;

g) "Status of subsidiary protection", the recognition by the

competent Portuguese authorities of a national of a third country or of

a stateless person as an eligible person for granting a residence permit

on humanitarian grounds under the legal provisions in the field of asylum;

h) "Procedures" and "resources", the procedures and resources established in the

Portuguese law;

i) "Unaccompanied unaccompanied minors", people under the age of 18 years who

enter national territory unaccompanied by an adult who, by virtue of the

law, hold themselves accountable for them and while they are not actually taken office

by that person. They are considered to be included in this definition the smallest

abandoned after entry into national territory;

j) "Conditions of reception", the set of measures adopted in favour of the

applicants for asylum in accordance with this diploma;

l) "Host material conditions", the conditions of reception, which

understand accommodation, food and clothing, transportation expenses

provided in kind or in the form of grants or coupons or subsidies

for daily expenses;

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m) "Retention", any non-detentive measure of deprivation of liberty of

circulation of the applicant;

n) "Particularly Vulnerable Persons", people with special needs,

specifically the minors, the unaccompanied minors, the disabled, the

elderly, pregnant women, members of single-parent families with minor children

and persons who have been subjected to acts of torture, rape or other

serious forms of psychological, physical or sexual violence;

o) "Host Centre", any place used for collective accommodation

of the asylum seekers.

CHAPTER II

GENERAL PROVISIONS RELATING TO CONDITIONS OF RECEPTION

Article 3.

Information

1-The Office of Foreign and Border, immediately or, when the application has been

delivered through another entity, up to 5 days from the registration of the application,

informs the asylum seeker of the rights to assist him and the obligations to which

is subject to host matter, on the proceduran procedure, thus

how from organizations or groups of people providing legal assistance

specific and of the organizations that will be able to support them or inform them regarding the

reception conditions available, including medical assistance.

2-The Office of Foreign Affairs and Borders provides the asylum seeker with a booklet

informative in a language that this one may understand or, when warranted, the

same information can be also provided orally.

Article 4.

Documentation

The document that proves the submission of the application for asylum and attests that its holder

is authorized to remain on national territory while your request is

pending, it is issued within 3 days after registration.

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Article 5.

Residence and freedom of movement

For the purposes of the provisions of Article 11 (5) of Law No 15/98 of March 26, the

asylum seekers:

a) Keep the Office of Foreign Affairs and Borders informed about their

residence in Portugal, and shall immediately communicate any change

of abode;

b) They shall communicate to the entity responsible for the accommodation any change

from the abode.

Article 6.

Family Unit

For the purposes of the provisions of Article 54 of Law No. 15/98 of March 26 in the

provision of accommodation must be taken, with the agreement of the asylum seekers,

the appropriate measures to maintain as much as possible the unity of the family that if

find present in national territory, particularly those provided for in points a) and

b) of Art. 14 (1) of this diploma.

Article 7.

Health care

In the framework laid down by Article 53 of Law No. 15/98 of March 26, the authorities

toilets may require, for public health reasons, for applicants to be

submitted to a medical examination, whose results are confidential and do not affect the

asylum procedure.

Article 8.

Schooling and education of the minors

1-The minor children of the asylum seekers and the minor asylum seekers have

access to the education system under the same conditions of national citizens, in the

terms of Article 57 of Law No. 15/98 of March 26, while they do not see amended

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your situation, as well as that of your parents, as to the status that you have been

recognized.

2-Access to the education system is to be secured up to three months from the date of

presentation of the application for asylum by the minor or by his parents.

3-When access to the education system in the terms of paragraph 1 is not possible due to the

specific situation of the minor, the relevant ministerial department takes the

measures necessary to ensure their suitability by providing other modalities

of teaching.

4-A The possibility of continuation of secondary studies cannot be denied, with

foundation in the fact that the minor has reached the age of majority.

Article 9.

Right to work

1-To asylum seekers to whom a provisional residence permit has already been issued is

ensured access to the labour market, pursuant to Article 55 of the Law No

15/98, of March 26 and of the general law.

2-Access to the labour market is only interstated to asylum seekers

during the period that measures the submission of the application and the decision on its

admissibility, unless the asylum seeker is the holder of a permit to

residence or other habilitative title of stay on national territory that

allow you to engage in a professional activity, subordinate or not.

3-The interdiction period of access to the labour market referred to in the number

previous may not be more than twenty days, from the date of the submission of the

application for asylum.

4-In the cases of appeal of a negative decision handed down by the Minister that guardian the

Internal Administration, the right of access to the labour market remains up to the

applicant to be notified of a negative judicial decision on the appeal.

Article 10.

Programmes and measures of employment and vocational training

1-Applicants for asylum have access to programmes and measures of employment and training

professional in conditions to be established by the departments that tutelize the area in

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cause, regardless of whether or not they have access to the labour market.

2-Access to vocational training related to a contract of employment is

subordinate to the possibility for the applicant to have access to the labour market in the

terms of the previous article.

CHAPTER III

MATERIAL CONDITIONS OF RECEPTION AND HEALTH CARE

Article 11.

General provisions

1-To asylum-seekers and their family members, who do not have any

sufficient means to allow for their livelihood, conditions are ensured

host materials, as well as health care established in this chapter,

with a view to ensuring the satisfaction of their basic needs in conditions of

human dignity.

2-To asylum-seekers and members of their particularly vulnerable family, well

how to asylum-seekers who find themselves at the border crossings are

also assured appropriate material conditions, as well as

appropriate health care.

3-For the purposes of paragraph 1, it considers itself not to have sufficient means, the applicant of

asylum that lacks resources of any nature or when these are inferior

to the value of the social support allowance ascertained under the applicable law.

4-In case it proves that an asylum seeker has sufficient resources, it may

be required to make a contribution, in whole or in part, to the coverage of the expenditure

arising from the material conditions of reception and health care.

5-Case proves that an asylum seeker disposed of sufficient means to

costing the material conditions of reception and health care at the time in

that these basic needs have been provided, the competent body may require the

respective refund.

6-For the purposes of the preceding paragraph, the provisions of paragraphs 3 a to 6 shall apply.

article 16.

7-A collaboration of non-governmental organizations with the State in the realization of the

measures relating to asylum seekers, provided for in Article 50 (2) of the Law

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n ° 15/98 of March 26, may translate into the organisation of information and

voluntary work, legal support, provision of support in reception and other

forms of social support, by means of protocols or other means of linking

reciprocating.

Article 12.

Modalities of granting

1-The material conditions of reception may rewear the following modalities:

a) Accommodation in kind;

b) Food in kind;

c) Cash benefit of social support, with a monthly character, for expenses of

food, clothing, hygiene and transport;

d) Supplementary allowance for accommodation, with a monthly character;

e) Supplementary allowance for personal expenses and transport.

2-The accommodation and in-kind food can rewear one of the following forms:

a) In facilities equipped with reception centres for applicants of

asylum, in cases where the application for asylum is presented at the posts of

border;

b) In facility centre for asylum seekers or establishment

equated, which provide adequate living conditions;

c) In private homes, apartments, hotels or other adapted facilities

to welcome asylum seekers.

3-The following modalities may be cumulated:

a) Accommodation and food in kind with the supplementary allowance for

personal expenses and transport;

b) Accommodation in kind or supplementary allowance for accommodation with the

pecuniary benefit of social support.

4-A exceptional title and for a given period, can be established

host material conditions other than those provided for in the preceding paragraphs

whenever:

a) An initial assessment of the specific needs of the

applicants; or

b) In the geographical area where the asylum seeker is found are not

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available material conditions of reception provided for in paragraph 2;

c) The available reception capacities meet temporarily

depleted;

d) Asylum seekers find themselves in retaining regime in rank of

border that does not have any facilities equipped with centres of

reception.

Article 13.

Amounts of subsidies

The pecuniary benefits to which the points are referred c) and d) of paragraph 1 of the previous article

are calculated by reference to the social support allowance provided for in the legislation

applicable, and shall not exceed the following percentages:

a) Cash benefit of social support, with a monthly character, for expenses of

food, clothing, hygiene and transport, corresponding to 70% of the

ascertained amount;

b) Supplementary allowance for accommodation, with a monthly character, corresponding

a 30% of the established amount;

c) Monthly allowance for personal expenses and transport, corresponding to 30%

of the established amount.

Article 14.

Supplementary guarantees in respect of accommodation

1-A entity responsible for the granting of accommodation in kind, in the forms

provided for in Article 12 (2) shall:

a) Provide the protection of the family life of applicants;

b) Provide, where appropriate, that the minor children of the applicants or the

minor applicants are housed with parents or with the adult member

of the family by them responsible for the force of the law;

c) To assure applicants the possibility to communicate with their family,

your legal representatives, as well as with the representatives of the High

UN Commissioner for Refugees (UNHCR) and the

Portuguese Council for Refugees (CPR);

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d) Take appropriate measures to prevent aggressions within the

facilities and reception centres referred to in Article 2 (2)

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2-A transfer of asylum seekers from one accommodation facility to another

it can only be carried out when this proves necessary for the good stepping stone of the process

or to improve the conditions of accommodation.

3-To the applicants transferred in the terms of the preceding paragraph shall be provided

possibility to inform your legal representatives of the transfer and of your

new address.

4-To the legal advisors or others of the applicants, to the representatives of the UNHCR,

of the CPR and other non-government organizations that develop activities

in this area and as such are recognised by the State, access to the

reception centres and other lodging facilities in order to assist the

asylum seekers, only access restrictions may be fixed, if properly

substantiated and when they are in cause safety reasons of the centres and

facilities as well as those of asylum seekers.

5-For people working in the reception centres is given training

appropriate, being the same subject to the duty of confidentiality in respect of

to the information that they take notice in the exercise of their duties.

Article 15.

Health care

1-To asylum seekers and their family members is ensured access to the

national health system under the terms and conditions of Article 53 of Law No 15/98, of

March 26 and respective supplementary legislation.

2-Applicants with special needs are provided medical or other assistance

that if it proves necessary.

CHAPTER IV

REDUCTION OR CESSATION OF THE BENEFIT OF THE CONDITIONS OF

RECEPTION

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Article 16.

Reduction and cessation of the benefit of the conditions of reception

1-A The cessation of social support takes place under the terms provided for in Article 59 of the Law n.

15/98, of March 26 and in the following numbers.

2-The conditions of reception may be fully or partially withdrawn if the

asylum seeker, unjustifiably:

a) Abandon the place of residence established by the competent authority without

to inform the Office of Foreign and Border or without the exigible authorization;

b) Abandon your place of residence without informing the competent entity by the

accommodation;

c) Failing to comply with the obligations to present itself;

d) Do not provide the information that is required or not to appear, to

the individual interviews when for such a call;

e) Have dissembled your financial resources and therefore benefit

unduly of the material conditions of reception.

3-If, thereafter, the applicant is found or voluntarily submitted to the

competent authorities, it should be taken, based on the reasons for its

disappearance, a decision duly substantiated as to the

restoration of the benefit of some or all of the conditions of reception.

4-Decisions concerning the reduction and cessation of the benefit of the conditions of

host in the situations mentioned in paragraph 1 are taken in an individual way,

objective and impartial and must be properly substantiated.

5-The decisions referred to in the preceding paragraph shall be solely on the basis of

particular situation of the person concerned, in particular with regard to the persons

covered by Article 17, taking into account the principle of proportionality.

6-A reduction or cessation of benefits is without prejudice to access to health care

urgent.

7-Of the decisions referred to in paragraph 3 shall be appean in accordance with Article 21.

CHAPTER V

PROVISIONS RELATING TO PERSONS WITH SPECIAL NEEDS

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Article 17.

General principle

1-Pursuant to Articles 56 and 58 of Law No 15/98 of March 26, in the provision of

material conditions of reception, as well as health care, is taken in

consideration of the situation of particularly vulnerable people.

2-On the submission of the application for asylum, or at any stage of the procedure

of asylum, the competent entity identifies, through an individual assessment of the

situation, the people whose special needs have to be taken in

consideration, according to the one provided for in the preceding paragraph.

Article 18.

Minors

1-In the application of this Law, as well as of the scheme provided for in Law No. 15/98, of 26

of March, the superior interests of the child should be taken into consideration.

2-The competent entities of the public administration ensure that the minors who

have been victims of any form of abuse, neglect, exploitation, torture,

cruel, inhuman and degrading treatment or of armed conflicts, have

access to rehabilitation services, as well as appropriate psychological assistance,

providing, if necessary, qualified support.

Article 19.

Unaccompanied minors

1-For the purposes of Article 56 of Law No. 15/98 of March 26, the applicants of

minor asylum can be represented by entity or organization not

government, which effectively ensures the care and well-being of minors,

without prejudice to the tutelary measures applicable under the tutelary legislation of

minor.

2-The competent authorities for the representation of minors shall assess

regularly the situation of these.

3-The unaccompanied minors who submit an application for asylum, from the

moment in which they are allowed to enter the national territory so far in

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which have to leave it, must be housed:

a) Together with adult relatives;

b) In a host family;

c) In reception centres with special facilities for minors;

d) In other places of accommodation which have adequate facilities to

minors, including, when warranted, host institutions of

people with special needs.

4-The unaccompanied minors, aged 16 or above, may be

placed in adult reception centres of asylum seekers.

5-The siblings must be kept together, taking into account the superior interests of the

minor and, in particular, their age and maturity, owing to the changes of place of

residence of the unaccompanied minors being limited to a minimum.

6-With the aim of protecting the superior interests of the unaccompanied minor, the

Foreign and Boundary Service, in articulation with the other entities

involved in the procedure and the Ministry of Foreign Affairs, should make

all efforts to find the members of your family.

7-In cases where the life or physical integrity of a minor or of his or her relatives

next is at risk, specifically if they were left in the country of origin, the collection, the

treatment and the dissemination of information relating to such persons are carried out

the confidential title, to avoid compromising your safety.

8-Staff working with unaccompanied minors must have or receive

training appropriate to the needs of minors and is subject to the duty of

confidentiality with respect to the information that you take notice of in the

exercise of its functions.

Article 20.

Victims of torture or violence

It is assured of persons who have been victims of acts of torture, rape or of

other acts of serious violence, special treatment, appropriate to the damage caused

by the acts referred to.

CHAPTER VI

FEATURES

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Article 21.

Resources

1-The negative decisions regarding the granting of benefits under the present

diploma or the decisions taken pursuant to Article 16, which affect

individually asylum seekers are liable to a hierarchical and judicial remedy

in the general terms.

2-The modalities of access to legal assistance in the above cases are

governed by the legislation on access to justice.

CHAPTER VII

MEASURES TO MAKE THE SYSTEM MORE EFFECTIVE

RECEPTION

Article 22.

Competencies

1-Compete to the Ministry of the Internal Administration to guarantee asylum seekers

that they find themselves withheld at the border crossings the conditions of accommodation and

access to health care, as well as the satisfaction of the charges inherent in the

provision of the host material conditions up to the decision as to the

admissibility of the application for asylum, and those may be secured by others

public or private non-profit entities, in the terms defined in

protocol.

2-Compete to the Ministry of Labour and Social Solidarity bear the burden

resulting from the allocation of the material conditions of host to the applicants of

asylum whose application has been admitted, until final decision on the same, which they may be

provided directly by the said Ministry or by other public entities or

private nonprofit with which to come celebrate protocol.

3-Compete to the entities responsible for the National Health Service to ensure the

access of asylum seekers and members of their family to health care, in the

terms of the applicable legislation.

4-The access of minors to the education system is guaranteed by the responsible entities

within the framework of the Ministry of Education.

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5-The decisions referred to in Article 16 are the competence of the entities

responsible for the granting of the host material conditions provided for in the

present diploma.

Article 23.

Personnel and resources

The authorities and other organisations referred to in Article 22 shall provide to their

staff training of appropriate basis in relation to the needs of the applicants of

asylum of both sexes.

Seen and approved in Council of Ministers of September 1, 2005

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs