1 PROPOSAL of law No. 37/X explanatory memorandum through the present initiative seeks approval of provisions that complement the current legal framework on asylum and refugees, established by law No. 15/98 of 26 March. Being sure about such matter was however adopted the Council Directive 2003/9/EC of 27 January 2003, which established minimum standards for the reception of asylum seekers in the Member States, the legal framework strengthened and complemented by the present law endows the Portuguese Republic of standards that ensure reception of asylum seekers in conditions of human dignity taking into account the temporary nature of the support granted and the different stages of the procedure provided for in law No. 15/98 of 26 March (Asylum Act), since the submission of the application for asylum until final decision to make about the same. Deliberately chose to remain untouchable constant regulatory heritage Asylum Law, embodying rights so much more can the regime defined in the minimum standards approved in the community. The freedom given to the States by the directive, to keep the more favourable regime existing in our legal system, subject to the necessary regulatory standards specific forecast contained in the Directive, whose rigorous and full transposition matter that there are no doubts. At the same time, seeks to improve the efficiency of national reception system by clarification of responsibilities for the implementation and financing of support and the establishment of close links between all entities involved in this matter, whether State or non-governmental Organizations. The improvement of the national system of reception of asylum seekers also includes the adoption of measures that can effectively satisfy the special needs of the most vulnerable groups, as well as the consecration of legal mechanisms to combat the abuse of the host system, in accordance with the provisions of Directive 2003/9/EC.
2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law CHAPTER I scope and DEFINITIONS article 1 purpose and scope 1-this law approves additional provisions of the legal framework on asylum and refugees, established by law No. 15/98 of 26 March ensuring the full transposition into domestic law of Directive No. 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in Member States. 2-this decree-law shall not apply to cases covered by law nº 67/2003, of 23 August, on granting temporary protection in the event of a mass influx of displaced persons from third countries.
Article 2 definitions for the purposes of this law: (a)) «Geneva Convention» means the Convention relating to the status of refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967; b) ' application for asylum ' means a request by a third country national or a stateless person which can be considered as a request for international protection addressed to the Portuguese authorities, under the Geneva Convention or another subsidiary of international protection regime provided for in the law, and a request for international protection be considered an application for asylum unless the third-country national or the stateless person explicitly requests another form of protection capable of a separate application; c) "Applicant" or "applicant for asylum" means a third country national or stateless person 1 3 who has made an application for asylum that has not been the subject of a final decision; d) «family members», the following families of asylum seekers, who are in the national territory due to your application for asylum and insofar as the family already existed in the country of origin: i) the spouse of the asylum seeker or his or her unmarried partner in a stable relationship proved for more than two years; II) the minor children or incapacitated spouses or of one of the spouses or the partners on condition that they are unmarried and dependent, regardless of whether they were born in or out of marriage, or adopted as defined under applicable law; e) «Refugee» means a person who fulfils the requirements laid down in Article 1 of the Geneva Convention; f) «refugee status» means the recognition by the competent Portuguese authorities of a third country national or a stateless person as a refugee and that in that capacity is allowed to remain in the national territory; g) «subsidiary protection status» means the recognition by the competent Portuguese authorities of a third country national or a stateless person as a person eligible for granting a residence permit for humanitarian reasons in accordance with the legal provisions in the field of asylum; h) ' Procedures ' and ' resources ', the procedures and resources laid down in the Portuguese law; I) «unaccompanied minors», people under the age of 18 years who come into the country unaccompanied by an adult who, by law, take responsibility for them, and as long as they are not effectively taken into the care of that person. Shall be deemed to be included in this definition minors abandoned after entry into the national territory; j) ' reception conditions ' means the set of measures adopted in favour of asylum-seekers in accordance with the present law; l) ' material reception conditions ' means the reception conditions that include housing, food and clothing, transport costs provided in kind or in the form of financial allowances or vouchers or subsidies for daily expenses; 4 m) «Retention» shall mean any measure detentiva of deprivation of freedom of movement of the applicant; n) ' particularly vulnerable ' People, people with special needs, in particular minors, unaccompanied minors, disabled people, elderly people, pregnant women, the members of single-parent families with minor children and persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence; the) ' reception centre ' means any place used for collective housing of asylum seekers.
CHAPTER II GENERAL PROVISIONS on RECEPTION CONDITIONS article 3 Information
1-the service of foreigners and borders, immediately or when the request has been delivered through another entity, until 5 days after the registration of the application, inform the applicant of the rights and the obligations to which it is subject in terms of reception, on the procedural formalities, as well as of the organizations or groups of persons that provide specific legal assistance and organisations that can support or inform in relation to available reception conditions, including health care. 2-the service of foreigners and borders gives the applicant a package leaflet in a language that he can understand or, when appropriate, the same information can also be given orally.
Article 4 Documentation the document that shows the presentation of the application for asylum and certifies that your holder is authorized to remain in the national territory while your application is pending, is issued within 3 days after registration.
5 article 5 residence and freedom of movement for the purposes of paragraph 5 of article 11 of law No. 15/98 of 26 March, asylum seekers: a) Maintain the Foreign and Frontiers Service informed about your residence in Portugal and should immediately report any change of address; b) shall notify the entity responsible for lodging any change of address.
Article 6 the family unit for the purposes of article 54 of law No. 15/98 of 26 March, in the provision of accommodation, must be taken with the agreement of the asylum seekers, appropriate measures to maintain as far as possible family unity which is present in the national territory, in particular those laid down in points (a)) and b) of paragraph 1 of article 14 of this law.
Article 7 Medical Assistance within the framework laid down by article 53 of law No. 15/98 of 26 March, health authorities may require, for reasons of public health, that applicants are subjected to a medical examination, and the results are confidential and do not affect the asylum procedure.
Article 8 education and education of minors 1-minor children of asylum seekers and asylum seekers are minors have access to the education system under the same conditions of nationals, in accordance with article 57 of law No. 15/98 of 26 March, while they don't see changed the situation your 6, as well as that of your parents as for the status that they were recognized. 2-access to education must be ensured up to three months from the date of submission of the application for asylum by the minor or by his parents. 3-When the access to the education system in accordance with paragraph 1 is not possible due to the specific situation of the minor, the competent ministerial department takes appropriate measures to ensure your fitness by providing other forms of teaching. 4-the possibility of continued secondary education cannot be denied, based on the fact that the minor has reached the age of majority.
Article 9 right to work 1-an asylum seeker who has been issued a provisional residence permit is provided access to the labour market, in accordance with article 55 of law No. 15/98 of 26 March and the general law. 2-access to the labour market are just off limits to asylum seekers during the period to which the application and the decision about your admissibility, unless the applicant for asylum is in possession of a residence permit or other residence in national territory enabling enabling it to exercise a professional activity, subordinated or not. 3-the period of interdiction of access to the labour market referred to in the preceding paragraph shall not exceed twenty days from the date of submission of the application for asylum. 4-in the case of an appeal against a negative decision rendered by the Minister governing the internal administration, the right of access to the labour market remains until the applicant be notified of a negative judgment on the appeal.
Article 10 programmes and measures of employment and vocational training 1-asylum-seekers have access to programmes and measures of employment and vocational training under conditions to be established by departments that protect the area in question 7, regardless of whether or not access to the labour market. 2-access to vocational training relating to an employment contract shall be subject to the possibility for the applicant to have access to the labour market in accordance with the previous article.
CHAPTER III MATERIAL RECEPTION CONDITIONS and health care article 11 General provisions 1-asylum seekers and their family members, who do not have sufficient means to allow your subsistence, are ensured material reception conditions, as well as health care laid down in this chapter, in order to ensure the satisfaction of their basic needs in conditions of human dignity. 2-asylum seekers and members of your family are particularly vulnerable, as well as asylum seekers held in border posts are also ensured adequate material reception conditions, as well as appropriate health care. 3-for the purposes of paragraph 1, it shall be deemed not to have sufficient means, the applicant who lacks resources of any nature or when they are less than the value of the social assistance allowance determined under applicable law. 4-If it is proved that an applicant for asylum has sufficient resources, you may be required to be a contribution, in whole or in part, to cover the cost of the material reception conditions and health care. 5-If it is proved that an applicant had sufficient means to cover material reception conditions and health care at the time when these basic needs were provided, the competent authority may require the reimbursement. 6-for the purposes of the preceding paragraph shall apply the provisions of paragraphs 3 to 6 of article 16. 7-the collaboration of non-governmental organizations with the State in the implementation of measures relating to asylum-seekers, provided for in paragraph 2 of article 50 of the law 8/98, paragraph 15, of 26 March, can be reflected in the Organization of information and voluntary work, legal assistance, providing support in the host and other forms of social support, through protocols or other means of reciprocal linking.
Article 12 procedures for granting
1-material reception conditions may be as follows: a) Accommodation in kind; b) feed on species; c) financial allowance of social support, with monthly character, for food, clothing, hygiene and transport; d) supplementary allowance for accommodation, with monthly character; e) supplementary allowance for personal expenses and transportation. 2-the accommodation and food in kind may be one of the following ways: a) in facilities compared to reception centres for asylum seekers, in cases where the asylum application is lodged at the border; b) installation Center for asylum-seekers or establishing equated, to provide adequate living conditions; (c)) In private houses, flats, hotels or other premises adapted to accommodate asylum seekers. 3-Can be cumulated as follows: reception) room and Board in species with the supplementary allowance for personal expenses and transportation; b) Accommodation in kind or supplementary allowance for accommodation with the financial allowance of social support. 4-exceptionally and for a given period, may be material reception conditions different from those laid down in the preceding paragraphs if: the) initial assessment is needed of the specific needs of applicants; or (b)) in the geographical area where the asylum seeker is not available 9 material reception conditions provided for in paragraph 2; c) host capabilities available are temporarily exhausted; d) asylum seekers are in detention in checkpoint that does not have similar facilities to reception centres.
Article 13 Amounts of subsidies The cash benefits referred to in subparagraphs (a) (c)) and d) of paragraph 1 of the preceding article shall be calculated by reference to the social assistance allowance provided for in the applicable legislation, and must not exceed the following percentages: a) pecuniary social support, with monthly character, for food, clothing, hygiene and transport, corresponding to 70% of the amount calculated; b) supplementary allowance for accommodation, with monthly character, corresponding to 30% of the amount calculated; c) monthly allowance for personal expenses and transportation, corresponding to 30% of the amount calculated.
Article 14 additional guarantees in respect of accommodation 1-the body responsible for granting the accommodation in kind, in the forms provided for in paragraph 2 of article 12 must: a) Provide the protection of family life of the applicants; b) Provide, where appropriate, that minor children of applicants or applicants minors are lodged with their parents or with the adult family member responsible for them under the law; c) Ensure to applicants the possibility to communicate with your family, their legal representatives, as well as with the representatives of the United Nations High Commissioner for Refugees (UNHCR) and the Portuguese Council for Refugees (CPR); 10 d) take appropriate measures to prevent assaults within the premises and accommodation centres referred to in paragraph 2 of article 12. 2-the transfer of asylum seekers to an installation of accommodation to another only if it can perform when this is necessary for the good functioning of the process or to improve housing conditions. 3-transferred pursuant to paragraph 1 of this article is assured the possibility of informing the legal representatives of the transfer and your new address. 4-legal consultants or other applicants, the representatives of the UNHCR, the CPR and other non-governmental organizations activities in this area and as such are recognised by the State, are ensured access to accommodation centres and other housing facilities in order to assist asylum-seekers and can only be fixed by access restrictions, if duly substantiated and when safety reasons are concerned the centers and facilities as well as asylum seekers.
5-persons working in accommodation centres is given appropriate training, and the same subject to the duty of confidentiality in respect of information which has come to their knowledge in the performance of their duties.
Article 15 1-health care to asylum seekers and their family members are assured access to the national health system in accordance with the terms and conditions of article 53 of law No. 15/98 of 26 March and its complementary legislation. 2-applicants with special needs is medical or other assistance that is required.
CHAPTER IV a REDUCTION or CESSATION of BENEFIT RECEPTION CONDITIONS 11 article 16 reduction and termination of benefit reception conditions 1-the termination of social support takes place in accordance with article 59 of law No. 15/98 of 26 March and in the following paragraphs. 2-reception conditions can be totally or partially withdrawn if the asylum-seeker, unjustifiably:) leave the place of residence determined by the competent authority without informing the service of foreigners and borders or without the authorization required; b) abandon your place of residence without informing the competent authority for the accommodation; c) fail to comply with their obligations to report; d) does not provide the information as requested or fails to appear for personal interviews when to do so is summoned; and concealed) their financial resources and therefore benefit unduly from material reception conditions. 3-If the applicant is found or come forward voluntarily to the competent authorities, should be taken, based on the reasons of your demise, a reasoned decision regarding the restoration of the benefit of some or all of the reception conditions. 4-decisions concerning the reduction and termination of the benefit of reception conditions in the situations referred to in paragraph 1 shall be taken individually, objectively and impartially and shall be duly substantiated. 5-the decisions referred to in the preceding paragraph shall be exclusively based on the particular situation of the person concerned, in particular with regard to persons covered by article 17, taking into account the principle of proportionality. 6-the reduction or termination of benefits does not affect access to health care. 7-the decisions referred to in paragraph 3 appeal pursuant to article 21
Chapter V PROVISIONS relating to persons with SPECIAL NEEDS 12 article 17 general principle 1-in accordance with articles 56 and 58 of law No. 15/98 of 26 March, in the provision of the material reception conditions and health care, is taken into account the situation of persons who are particularly vulnerable. 2-when submitting the application for asylum, or at any stage of the asylum procedure, the competent authority identifies, through an individual assessment of the situation, the people whose special needs must be taken into account, as provided for in the preceding paragraph.
Article 18 1 Minor-in the application of this law, as well as the arrangements provided for in law No. 15/98 of 26 March, should be taken into consideration the best interests of the child. 2-the competent authorities of the public administration shall ensure that minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman or degrading treatment or punishment or of armed conflict, have access to rehabilitation services, as well as adequate psychological assistance, providing, if necessary, qualified support.
Article 19 unaccompanied minors 1-for the purposes of article 56 of law No. 15/98 of 26 March, asylum seekers are minors can be represented by entity or non-governmental organization, to ensure the care and well-being of minors, without prejudice to the tutelary measures applicable under the legislation of juvenile tutelage. 2-the competent authorities by the representation of minors must assess regularly the situation of these. 3-unaccompanied minors who make an application for asylum, from the time they are allowed to enter the national territory until the 13 who have to leave, should be housed: a) with adult relatives; b) with a foster family; c) In reception centres with special provisions for minors; d) in other accommodation with suitable for minors, including, when appropriate, the host institutions for people with special needs. 4-unaccompanied minors, aged 16 years or over, can be placed in reception centres for adult asylum seekers. 5-The siblings should be kept together, taking into account the best interests of the child and, in particular, to your age and maturity, and the changes of place of residence of unaccompanied minors be limited to a minimum. 6-With the aim of protecting the unaccompanied minor's best interests, the service of foreigners and borders, in conjunction with other entities involved in the procedure and the Ministry of Foreign Affairs, should make every effort to find the members of your family. 7-in cases where the life or physical integrity of a minor or its close relatives are at risk, particularly if they stayed in the country of origin, the collection, processing and dissemination of information concerning those persons is undertaken on a confidential basis, to avoid compromising your safety. 8-the staff working with unaccompanied minors shall have or receive adequate training to the needs of minors and is subject to the duty of confidentiality in respect of information that becomes aware in the course of their duties.
Article 20 victims of torture or violence is provided to persons who have been victims of acts of torture, rape or other serious acts of violence, special treatment, the damage caused by acts referred to.
CHAPTER VI Article 14 21 RESOURCES 1 Resources-negative decisions relating to the granting of benefits under this decree-law or decisions taken pursuant to article 16, which individually affect asylum seekers may be hierarchical and judicial resource in general terms. 2-the procedures for access to legal aid in the cases referred to above are governed by the law on access to justice.
CHAPTER VII measures to MAKE MORE EFFECTIVE the HOST SYSTEM article 22 Jurisdiction 1-it is the Ministry of Internal Affairs to ensure asylum seekers who find themselves stranded in border crossings housing conditions and access to health care, as well as the satisfaction of the burdens inherent in the granting of material reception conditions to decision on the admissibility of the application for asylum and can those be handled by other public or private nonprofit organization, as defined in Protocol. 2-it is the Ministry of labour and Social solidarity to bear the burdens resulting from the attribution of material reception conditions to asylum seekers whose claim was admitted, until final decision about it, which may be provided directly by the Ministry or other public or private nonprofit which come celebrate Protocol. 3-it shall be the responsibility of the entities responsible for the national health service to ensure the access of asylum-seekers and members of your family to health care, in accordance with applicable law. 4-the access of children to education is guaranteed by the responsible bodies within the Ministry of education. 15 5-The decisions referred to in article 16 are of the competence of entities responsible for providing material reception conditions provided for in this decree-law.
Article 23 staff and resources authorities and other organisations referred to in article 22 shall provide to its employees basic training adequate in relation to the needs of asylum seekers of both sexes.
Seen and approved by the Council of Ministers of September 1 2005 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency