Key Benefits:
PROPOSED LAW NO. 174 /X
Exhibition of Motives
1. This proposed law aims to transact into the domestic legal order the Directive
n ° 2004 /83/CE of the Council of April 29 laying down minimum standards
concerning the conditions to be fulfilled by third country nationals or stateless persons for
be able to benefit from the status of a refugee or person who, on other grounds,
in need of international protection, as well as relating to the respective status and the
contents of the protection granted, and Council Directive No 2005 /85/CE of 1 of
December, relative to minimum standards applicable to the concession procedure and
loss of refugee status.
The Portuguese state, in the matter of asylum and refugee law, welcomes already in its
key legislation rules that have been ensuring, in the multiple strands, a
appropriate and broad status that has, in essence, responded to the requirements that
put.
In fact, the rights enshrined by the Assembly of the Republic in Law No 15/98,
of March 26, as well as the later amendments, approved by the Laws n.
67/2003, of August 23 and 20/2006, of June 23 (which they collected equally
a broad parliamentary consensus and the widespread support of organizations that
they directed their activity in this area), they then constituted a frame of reference that
has completed and regulated, effectively, the Conventions that Portugal does
part, as well as the guidelines and directives of the European Union, corporating and
densifying the norm of Article 33 of the Constitution of the Republic.
2. The present proposed law is therefore corollary of the need to transpose the
cited directives, aiming to ensure uniform practices, substantiated in
procedures and rights that strengthen the status of the refugee and the holder of
subsidiary protection.
Portugal, which is part of the countries that in the European Union and at the international level have
an acquis of advanced legislation, fully ensures, with the present proposal of
law, the legal framework that allows for humanitarian and active performance, which will allow
better respond to the problems we face with increasing the number of
refugees and displaced persons.
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The UN High Commissioner for Refugees (UNHCR) has been appealing
to states for a more committed intervention in the resolution of this drama
human, focusing on the people stricken with their actions. The effectiveness of the intervention,
how it accentuated the European Union, is based on a strategic cooperation with the
countries of origin, transit and destination.
Europe as the space of freedom, security and justice, sought by many of the
who are persecuted in their countries, takes an example role here. The State
Portuguese accompanies that path. The latest UNHCR Report, presented
by Eng. António Guterres, expresses the progress of the developed initiatives,
but it also accentuates the difficulties that are experienced by about 32 million
refugees and displaced people, demanding a response from the international community.
It matters to assert, in all its dimension, the principles set out in Article 14 of the
Universal Declaration of Human Rights, which ensure that all people
who are subject to persecution have the right to seek and to benefit from asylum
in other countries.
The new strategies for responding to the current dimension of the refugee problem
must respect the values of the Declaration.
In the face of the increase, from the beginning of the eighties, of the arrival of applicants of
asylum to the European Union, member states have introduced procedures that
lay out procedural safeguards in order to continue to be able to secure the right
of asylum to those who genuinely need international protection, in the frame of the
Geneva Convention of July 28, 1951 and of the Protocol of January 31 of
1967, relating to the status of refugees and under the terms of the Treaty establishing a
European Community.
3. This proposed law is thus inserted in the process of constructing a
common European asylum system, an integral part of the European Union's objective
which aims to progressively establish a space of freedom, security and
justice open to people who, bound by the circumstances, seek
legitimately protection in the Community.
At the same time, the full application of the Geneva Convention is guaranteed.
to the Status of Refugees, of July 28, 1951 and the New York Protocol,
of January 31, 1967, additional to that, while cornerstones of the regime
international legal relating to refugees.
They are thus perfecting standards already behollable, reaching:
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a) To the identification criteria to be filled by asylum seekers to
be able to access refugee status or subsidiary protection;
b) To the essential core of benefits and obligations that are underlying them;
c) To the framework of the procedure for granting and withdrawal of international protection.
Clarifies the asylum regime by solidifying common concepts, determining whether
with greater certainty concepts such as acts of persecution, agents of persecution and
grounds for exclusion and refusal of asylum and subsidiary protection.
A common procedure for admissibility and analysis of applications is developed
of asylum and subsidiary protection and subsequent guarantees and duties of the
applicants.
Defines the concept of safe third country, guaranteeing the application of the principle
from non-refoulement.
It is further to highlight the scope of the changes that effectively strengthen the
rights of refugees and beneficiaries of subsidiary protection, how much:
a) To the preservation of the family unit, in particular as to smaller ones, enlarged
still to situations of de facto union and other family members in office;
b) To the clear determination of the procedural rights in the modes of tramway, in the
statements by the applicant and in the analysis of the application;
c) To the express consecration of the right to remain in national territory of the
applicant for international protection;
d) On the consecration of a material set of rights that integrate the content of the
international protection of refugees, from the right to employment, to health, to the
education and social protection, among others, guaranteed under the same conditions
that to national citizens.
Simultaneously, they reinforce the gracious and contentious guarantees at the disposal of the
asylum seekers or beneficiaries of refugee or protection status
subsidiary in the whole procedure.
Finally, it is recognized and stimulates the very relevant contribution that the
nongovernmental organizations have at all stages of the asylum process, since
the application up to the decision and integration in the host country and possible support to the
repatriation, in particular the noteworthy work that has been developed by the
UNHCR and the Portuguese Council for Refugees.
The Higher Council of the Magistrature was heard, the Higher Council of the Ministry
Public, the Order of Lawyers, the High Commissioner of the United Nations for the
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Refugees and the Portuguese Council for Refugees.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
1-A This Act sets out the conditions and procedures for granting asylum or
subsidiary protection and the by-laws of asylum seeker, refugee and
subsidiary protection, by transposing into the internal legal order the following
community directives:
a) Council Directive No 2004 /83/CE of April 29 laying down standards
lows relating to conditions to be fulfilled by third country nationals or
stateless to be able to benefit from refugee or person status who, by
other reasons, in need of international protection, as well as relating to the
respective status and the content of the protection granted;
b) Council Directive No 2005 /85/CE of December 1 on standards
minimum applicable to the procedure for granting and loss of the status of
refugee.
2-Concurrently, it proceeds to the consolidation in the national law of the transposition of the
Council Directive No 2003 /9/CE of January 27 carried out by the Law
n ° 20/2006 of June 23 laying down the minimum standards in respect of
reception of asylum seekers in the member states.
Article 2.
Definitions
1-For the purposes of the provisions of this Law shall be understood by:
a) "Residence Permit", the authorisation issued by the authorities
Portuguese in the legal terms that allows a foreigner or a stateless person
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reside in the national territory;
b) "Host Centre", any place used for accommodation
collective of asylum seekers;
c) "Conditions of reception", the set of measures adopted in favour of the
applicants for asylum in accordance with this Law;
d) "Host material conditions", the conditions of reception which
understand the accommodation, food, clothing and expenses of
transport, provided in kind or in the form of subsidies or coupons
or subsidies for daily expenses;
e) "Geneva Convention", the Convention on the status of refugees,
celebrated in Geneva on July 28, 1951, as amended by the Protocol of
New York of January 31, 1967;
f) "Status of subsidiary protection", the recognition, by the
competent Portuguese authorities, from a foreigner or from a stateless
as an eligible person for granting a residence permit for reasons
humanitarian;
g) "refugee status", the recognition, by the authorities
competent Portuguese, from a foreigner or from a stateless person as
refugee who in that capacity is allowed to stay in territory
national;
h) "Family members", the relatives of the asylum seeker referred to the
legal regime of entry, stay, exit and removal of foreigners
of the national territory for the purposes of the right to family reunification;
i) "Unaccompanied unaccompanied minors", any national people from countries
third party or stateless persons under the age of 18 years entering territory
national not accompanied by an adult who, by virtue of the law, if
hold them accountable, while they are not actually taken over by
that person, or who have been left stranded upon entering into territory
national;
j) "Reasons of the persecution", those grounded in the merging fear of the
applicant being persecuted or that it is at real risk of suffering serious offence,
which should be appreciated taking into account the notions of:
i) "Race", which includes, inter alia, considerations associated with the
colour, ancestry or belonging to a particular ethnic group;
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ii) "Religion", which covers, specifically, the fact that it has
theistic, non-theistic and attic beliefs, the participation or the
abstention from participation in private worship ceremonies or
public, either on an individual basis or in conjunction with others
people, in other religious acts or expressions of beliefs, or
forms of personal or community behavior founded on
religious creed or by these imposed;
iii) "Nationality", which is not limited to citizenship or its absence,
but it also covers, specifically, belonging to a group
determined by their cultural, ethnic or linguistic identity,
by their geographical origins or common policies or by their
relation to the population of another State;
iv) "Group", a specific social group in the concrete cases in which:
-the members of that group share an innate characteristic
or of a common history that cannot be altered, or
share of a characteristic or belief considered so
fundamental to the identity or consciousness of the members of the
group that cannot be required to require it to resign, and
-That group has a distinct identity in the country in question,
because it is viewed as different by the society that surrounds it.
v) "Political Opinion", which includes, specifically, the fact that if
possess an opinion, idea or ideal in matters relating to the
potential agents of the pursuit of their policies or methods,
want that opinion, idea or ideal whether or not they are manifested by
acts of the applicant.
l) "Country of origin", the country or countries of nationality or, for stateless persons, the
country in which they had their habitual residence;
m) "Country of safe origin", the country of which the applicant is national or, being
stateless, habitual resident, in relation to which the applicant does not have
invoked no serious reason to consider that the same is not safe,
taking into account the personal circumstances of the applicant with regard to the
fulfillment of the conditions to be considered as a refugee and assessed with
basis in a set of sources of information, including, in particular,
information from other member states, from the High Commissioner of Nations
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UN for Refugees (UNHCR), the Council of Europe and others
relevant international organizations;
n) "Safe third country", the country where the asylum seeker has stayed
or transitioned before arriving in Portugal and where, demonstrably, do not be
object of threats to their life and freedom, where they are respected the
principle of non-refoulement and the right not to be the subject of torture or
cruel, inhuman or degrading treatment, and where it may apply for status
of the refugee and, giving him granted, receive protection, pursuant to the
Geneva Convention, observed the following rules:
i) A link between the asylum seeker and the third country concerned
to allow, in principle, that such person to proceed to that country;
ii) Certification that the concept of safe third country can be
applied to a particular country or the particular applicant,
including the casualty analysis of the country's security for
determined applicant and the national designation of countries
considered generally safe;
iii) Individual assessment, pursuant to international law, of the
security of the third country in question for a particular applicant
and that, at a minimum, authorize the applicant to challenge the application of the
concept of safe third country, on the grounds that it would be
subjected to torture, treatment or cruel punishment, inhuman or
degrading.
o) "Request or request for asylum", application submitted by foreigner or stateless
that can be considered a request for international protection directed at the
the Portuguese authorities, under the Geneva Convention;
p) "Loss of international protection", effect arising from cessation,
repeal, suppression or refusal to renew the right of asylum or
subsidiary protection;
q) "Staying in the country", the stay in Portugal, including the border and
transit zones of the national territory;
r) "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 children
minors and persons who have been subjected to acts of torture, rape or
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other serious forms of psychological, physical or sexual violence;
s) "First country of asylum", the country in which the applicant has been recognized
as a refugee and can still benefit from such protection or enjoy in that
country of effective protection, under the Geneva Convention, and where,
demonstrably, do not be subjected to threats to your life and freedom, where
are respected the principle of non-refoulement and the right not to be the subject
of torture or cruel, inhuman or degrading treatment, as long as it is
readmitted in that country;
t) "Prohibition of repelting (" Principle of do not repulsion or non-refoulement ")" ,
principle of international asylum law, enshrined in Article 33 of the
Geneva Convention, pursuant to which the asylum seekers must
be protected from expulsion or repulsion, direct or indirect, to a
place where your life or freedom are threatened by virtue of your race,
religion, nationality, affiliation in certain social group or political opinions,
may be excluded from this protection the one that constitutes a threat to
national security or which has been the subject of a conviction
definitive for a particularly serious crime or offence;
u) "Procedures" and "judicial challenge", the procedures and the manner of
contentious reaction established in Portuguese law;
v) "International protection", the status of subsidiary protection and the status of
refugee, defined in the ( f) and g) ;
x) "Refugee", the foreigner who, fearful of being persecuted in
consequence of activity carried out in the State of their nationality or of the
your habitual residence in favor of democracy, social liberation and
national, of peace between peoples, liberty and the rights of the person
human or by virtue of their race, religion, nationality, beliefs
policies or belonging to a particular social group, find yourself out of the country of
which is national and cannot or, by virtue of that fear, does not want to ask for the
protection of that country, or the stateless person who, being outside the country in which he had the
your usual residence, for the same reasons as the above-mentioned ones, no
may or, by virtue of the said fear, he does not want to go back, and to which
do not apply the provisions of Article 9;
z) "Representative", the person who acts on behalf of an organization that
represents an unaccompanied minor, in the quality of legal tutor, the person
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which acts on behalf of a national organization which, under the law, is
responsible for the assistance and welfare of the minors, or any other
appropriate representative appointed, in accordance with the law, to defend the
interests of the unaccompanied minor;
aa) "Applicant" or "asylum seeker", a foreigner or a stateless person who
has filed an application for asylum or subsidiary protection that has not yet been
object of definitive decision.
2-For the purposes of sub-paragraph iv) of the paragraph j) of the previous number, depending on the
circumstances in the country of origin, a specific social group may include a group
based on a common characteristic of sexual orientation, and may not this be
construed as including typified acts as a crime, according to the law, well
how to consider gender-related aspects, although this by itself does not
should create a presumption for qualification as a group.
CHAPTER II
Beneficiaries of international protection
Article 3.
Granting of the right of asylum
1-It is guaranteed the right of asylum to foreigners and stateless persons persecuted or
severely threatened with persecution, as a result of activity carried out in the
State of your nationality or your habitual residence in favor of democracy,
of social and national liberation, of peace between peoples, freedom and rights of the
human person.
2-They are still entitled to the granting of asylum the foreigners and stateless persons who, prescribing
on the grounds of being persecuted by virtue of their race, religion, nationality,
political opinions or integration in certain social group, they cannot or, by that
fear, do not want to go back to the state of your nationality or residence
habitual.
3-The asylum can only be granted to the foreigner who has more than one nationality
when the reasons for persecution referred to in the previous figures check out
relatively to all states that it is national.
4-For the purposes of paragraph 2, it is irrelevant that the applicant actually posits the
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characteristic associated with race, religion, nationality, social or political group that
induces the pursuit, provided that such a characteristic is assigned to it by the agent of the
pursuit.
Article 4.
Effects of the granting of the right of asylum
The granting of the right of asylum pursuant to the previous article confers upon the benefit of the
status as a refugee, pursuant to this Law, without prejudice to the provisions of treaties
or international conventions that Portugal is a party to or the one that adheres to.
Article 5.
Acts of persecution
1-For the purposes of Art. 3, acts of persecution likely to substantiate the
right of asylum must constitute, by their nature or reiteration, serious violation of
fundamental rights, or translate into a set of measures which, by its
accumulation, nature or repetition, affect the foreigner or stateless of form
similar to that resulting from a serious violation of fundamental rights.
2-The acts of persecution referred to in the preceding paragraph may, inter alia,
take the following forms:
a) Acts of physical or mental violence, including of a sexual nature;
b) Legal, administrative, police or judicial measures, when they are
discriminatoryor applied in a discriminatory manner;
c) Legal actions or disproportionate or discriminatory sanctions;
d) Refusal of access to judicial remedy that translates into sanction
disproportionate or discriminatory;
e) Lawsuits or sanctions for refusal to comply with military service in a
conflict situation in which the fulfillment of the military service implied the
practice of crime or act likely to cause the exclusion of the status of
refugee, under the terms of the ( c) of Article 9 (1);
f) Acts committed specifically on the grounds of gender or against minors.
3-The information necessary for making decisions about refugee status
they cannot be obtained in such a way that the agents of persecution stay
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informed about the fact that the status of the asilate is being considered or put
in danger the physical integrity of the asilado or his family in Portugal or the State
of origin.
Article 6.
Agents of the chase
1-Are agents of persecution:
a) The State;
b) The parties or organizations that control the state or a parcel
significant of the respective territory;
c) Non-State agents, if it becomes proven that the agents mentioned in the
points a) and b) , they are unable or unwilling to provide protection against the
pursuit, in the terms of the following number.
2-For the purposes of the c) of the preceding paragraph, it is considered that there is protection
where the agents mentioned in the points a ) and b ) of the previous number adopt
appropriate measures to prevent the practice of acts of persecution, by way of,
notably, of the introduction of an effective legal system to detect, proceed
judicially and to punish such acts, provided that the applicant has access to protection
effective.
Article 7.
Subsidiary protection
1-It is granted residence permit for humanitarian reasons to foreigners and
to stateless persons to whom the provisions of Article 3 are not applicable and that they are
prevented or feel unable to return to the country of their nationality
or from your habitual residence, either attending to the systematic violation of rights
humans who check there, want to run the risk of suffering serious offense.
2-For the purposes of the preceding paragraph, serious offence shall be considered, inter alia:
a) The penalty of death or execution;
b) The torture or punishment or inhuman or degrading treatment of the applicant in the
your country of origin, or;
c) The serious threat against the life or physical integrity of the applicant, resulting
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of indiscriminate violence in situations of international armed conflict or
internal or of widespread and indiscriminate violation of human rights.
3-It is correspondingly applicable the provisions of the previous article.
Article 8.
Protection sur place
1-The founded fear of being persecuted, under Rule 3, or the risk of suffering
serious offence under the previous article may have on the basis of events
occurred or activities carried out after the departure of the State of the nationality or of the
customary residence, particularly if it is shown that the activities that
are based on the application for asylum constitute the expression and continuation of beliefs or
guidelines already manifested in that state.
2-The provisions of the preceding paragraph shall not apply when the fear or risk have
origin in circumstances created by the foreigner or stateless after his departure from the
State of the nationality or habitual residence, exclusively with the end of
benefit, without foundation quite a lot, of the status of a refugee or protection
subsidiary.
Article 9.
Exclusion and refusal of asylum and subsidiary protection
1-You cannot benefit from asylum or subsidiary protection the foreigner or stateless
when:
a) It is covered by the scope of point D of Article 1 of the Convention of
Geneva, concerning the protection or assistance by organs or agencies
of the United Nations, other than the Office of the High Commissioner of the United Nations
for Refugees, provided that such protection or assistance does not have
cessation for any reason without the situation of the person concerned having
been definitively resolved in accordance with the resolutions
applicable of the General Assembly of the United Nations;
b) The competent authorities of the country in which it has established its
residence consider that you have the rights and duties of who owns the
nationality of that country or equivalent rights and duties;
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c) There are serious suspicions that:
i) He practiced crimes against peace, war crimes or crimes against the
humanity, in the terms of the international instruments that
lay down provisions relating to these crimes;
ii) Practiced felony crimes of common law punishable with imprisonment
greater than three years before he was admitted as a refugee;
iii) Has practiced acts contrary to the objectives and principles of the United Nations
set out in the preamble and in articles 1 and 2 of the Charter of Nations
United.
2-The asylum or subsidiary protection may be refused whenever from your
grant results in danger or founded threat to internal or external security or
for the public order.
3-A subsidiary protection may still be refused if the foreigner or stateless person has
committed one or more crimes not covered by the ( c) of paragraph 1 that would be
punishable with imprisonment if they had been practiced in the national territory and
has left its country of origin solely for the purpose of avoiding sanctions
stemming from these crimes.
4-For the purposes of the provisions of the c) of paragraph 1 and in the preceding paragraph, are still
considered the persons to whom the provisions of Articles 26 and 27 apply.
Penal code.
CHAPTER III
Procedure
Section I
Admissibility of the application for asylum
Article 10.
Order of Asilo
It is assumed that any application for international protection is an application for asylum, unless
if the person in question expressly requires another type of protection that may be
object of a distinct application.
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Article 11.
Right to stay in the national territory
1-Applicants for asylum are allowed to stay on national territory, to
effects of the procedure for granting asylum, up to the decision on admissibility
of the request.
2-This right of permanence does not entil the applicant to the issuance of an authorisation
of residence.
Article 12.
Effects of the application for asylum on offences relating to entry into the country
1-A submission of the application for asylum obstinates to the knowledge of any procedure
administrative or criminal case for irregular entry into national territory
brought against the applicant and family members accompanying him.
2-The procedure or the process are filed if the asylum is granted and if
demonstrate that the corresponding infringement has been determined by the same facts as
justified the granting of the asylum.
3-For the purposes of the provisions of the preceding paragraphs, the application for asylum and the decision on
the same are communicated to the entity where to run the administrative procedure or
criminal case by the Foreign and Borders Office, within two days
useful.
Article 13.
Presentation of the application
1-The foreigner or stateless person, who enter into national territory in order to obtain asylum, must
submit your application to the Office of Foreign and Border or any other
police authority within 15 days, and may do so in writing or orally,
being in this case washable self.
2-A The assessment of the application cannot be excluded solely on the basis of the fact that it does not
have been submitted within the period specified in the preceding paragraph.
3-In the event that the applicant resides in the country, the time limit referred to in paragraph 1 shall be taken from the
date of the verification or knowledge of the facts that serve as a foundation of the
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request.
4-Any police authority receiving the application referred to in paragraph 1 shall refer it to the
Foreign and Border Service within 48 hours.
5-The Office of Foreign and Border Affairs informs the representative of UNHCR and the
Portuguese Council for Refugees as soon as it receives the application for asylum.
6-The applicant may request the extension of the application for asylum to family members
that accompany you, whether they are minors, whether they are larger, and must, in this case,
the application shall be preceded by the express prior consent of the persons to be held, under
penalty of inadmissibility.
7-The minor applicant may submit an application on his / her behalf.
Article 14.
Proof of submission of the application and information
Up to three days after registration, it is delivered to the applicant demonstrative statement of
presentation of the application for asylum, which simultaneously attests that its holder is
authorized to remain on national territory while your application is pending,
devends him to be given knowledge of his rights and obligations.
Article 15.
Content of the application
1-The applicant shall submit all the necessary elements to justify the application
of asylum, namely:
a) Identification of the applicant and the members of his / her family;
b) Indication of your nationality, country or countries and place or places of residence
previous;
c) Indication of previous asylum applications;
d) Reporting of the circumstances or facts that substantiate the asylum.
2-For the purposes of the provisions of the preceding paragraph, the applicant shall still, together
with the application for asylum, to present the identification and travel documents of
possesses, as well as evidence, and may present witnesses in
number not exceeding 10.
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Article 16.
Declarations
1-Before handed down decision on the admissibility of the application for asylum, it is guaranteed
to the applicant the right to provide statements, under conditions that guarantee due
confidentiality and to enable you to expose the circumstances that substantiate the
respective pretension.
2-A The provision of statements assumes individual character, except if the presence of the
family members is deemed necessary for a proper appreciation of the
situation.
3-For the effects of the previous figures, as soon as it receives the application for asylum, the Service
of foreigners and Borders notifies immediately the applicant to provide
statements within five days.
4-If the application is submitted by a minor or incapable incumbent on the Service of
Foreigners and Borders communicate the fact to the Portuguese Council for the
Refugees, for the purpose of representation.
5-A The provision of statements can only be waived:
a) If there are already conditions to decide favourably on admissibility
of the application on the basis of the available evidence;
b) If the applicant has already provided by another means the essential information to the
respective appreciation;
c) If the applicant is found to be unfit or unable to effect the effect due to
long-lasting circumstances, alheys at their will, and in this case, to be
takes the necessary measures that enable the applicant to communicate others
information.
Article 17.
Report
1-Following the realization of the representations referred to in the preceding Articles, the Service of
Foreigners and Borders draws up a written report of which are listed
essential information regarding the application.
2-The report referred to in the preceding paragraph shall be notified to the applicant to have the same
if you can pronounce on it within five days and, simultaneously,
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communicated to the representative of UNHCR and the Portuguese Council for the
Refugees.
Article 18.
Assessment of admissibility
1-In the assessment of the admissibility of each application for asylum, it is incumbent upon the Service of
Foreigners and Borders analyze all relevant elements at this stage of the
procedure, specifically the statements of the applicant handed down in the terms
of the previous articles and all available information.
2-In the assessment of the application, the Foreign and Border Office shall take into account
especially:
a) The relevant facts relating to the country of origin at the date of the decision on the
application, including the respective legislation and regulations and the guarantees of its
application;
b) The situation and personal circumstances of the applicant, in order to appreciate, with
basis in that personal situation, if this has suffered or may suffer persecution or offence
serious;
c) If the activities of the applicant, since leaving their country of origin, had
by single end or master create the necessary conditions to require
international protection, in order to appreciate if such activities can
to expose the persecution or serious offence, in the event of a return to that country;
d) Whether it is reasonable to predict that the applicant may be worth the protection of another country
of which you can claim citizenship.
3-Constitutes a serious claim of the founded fear of being persecuted or the risk of suffering
serious offence, the fact of the applicant has already been prosecuted or directly threatened
of persecution or to have suffered or been directly threatened with serious offence,
except if there are founded grounds to consider that the fundamentals of that
pursuit or serious offence have ceased and will not be repeated.
4-Applicant's statements must be confirmed upon documentary evidence or
other means of proof admitted in law, unless they are gathered
cumulatively the following conditions:
a) The applicant has made an authentic effort to substantiate his or her request;
b) The applicant presents all the elements at his / her disposal and explanation
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satisfactory for the possible lack of others deemed to be relevant;
c) The statements provided by the applicant are considered to be consistent,
plausible, and non-contradictory in the face of the available information;
d) The application has been submitted with the greatest possible brevity, unless the
applicant presents sufficient justification for this to have not happened;
e) The general credibility of the applicant has been ascertained.
Article 19.
Assessment of the application
1-The application is found to be liminally inadmissible if, through the procedure
provided for in this Law, please check that:
a) Another member state has granted refugee status to the applicant;
b) A country, which is not a member state, is considered the first country of
asylum for the applicant;
c) The applicant is allowed to stay on the national territory by others
reasons and, as a result of that fact, have benefited from a statute that
gives you rights and benefits equivalent to those of refugee status;
d) The applicant is allowed to stay on the national territory by others
grounds that protect it against repulsion pending the outcome of a
procedure for the determination of the status, under the terms of the paragraph c) ;
e) The applicant has submitted an identical application subsequent to the pronunciation of
a final decision;
f) A person in charge of the applicant has filed an application after he has
consented, in accordance with Article 13 (6), that your case be covered
by a request made on its behalf and there are no elements regarding the situation
of that person who justifies a separate application.
2-In cases not provided for in the preceding paragraph, it shall be summarily appreciated the
merit of the application, and the same shall be deemed inadmissible when it is
evident that it does not meet any of the criteria defined by the Convention of
Geneva and Protocol of New York, by:
a) If you check any of the causes provided for in Article 9 (1) and (3).
19
b) The applicant, when submitting the application and in exposing the facts, has invoked
only matters not pertinent or of minimal relevance to analyse the
compliance with the conditions to be considered a refugee;
c) The applicant does not clearly fulfill the conditions to be considered
refugee or to be granted refugee status in a state
member;
d) The application for asylum is found to be unfounded because:
i) The applicant comes from a safe country of origin;
ii) The country which is not a Member State is considered third country
insurance for the applicant;
e) The applicant has misled the authorities, presenting information
or false documents or hiding information or documents
important regarding your identity or nationality likely to
have a negative impact on the decision;
f) The applicant has submitted another application for asylum with personal data
different;
g) The applicant has not submitted information to allow to determine,
with a reasonable degree of certainty, their identity or nationality or by
be likely to have, in bad faith, destroyed or strained documents from
identity or travel likely to contribute to the determination
of your identity or nationality;
h) The applicant has made incoherent, contradictory statements, inverosimeis
or insufficient that clearly removes credibility to the claim to have been
target of persecution;
i) The applicant has submitted a subsequent application without invoking new
relevant facts regarding your particular circumstances or the
situation in your country of origin;
j) The applicant did not submit the application earlier, without valid reasons,
having had the possibility to do so;
l) The applicant submits the application only with the aim of delaying or
prevent the application of a previous or imminent decision that translates into the
your estrangement;
m) The applicant, without valid reasons, has not complied with the obligations to which
refer to Article 15 or Article 16 (3);
20
n) The applicant has illegally entered or protracted his stay in the
national territory and, without a valid reason, not to be presented to the
authorities as soon as possible, given the circumstances of their entry into the
territory;
o) The applicant poses a danger to internal security or to the
public order;
p) The applicant has been the subject of an enforceable decision for expulsion by
serious reasons for public safety and public order, by force of law
internal;
q) The applicant shall refuse to subject to the mandatory registration of his or her impressions
digital in accordance with Community and internal law;
r) The application has been submitted by a single minor who, under the terms of the
n Article 13 (6), has been covered by previous application, when the
request from progenitors or parent responsible for the minor has been
considered inadmissible and no new elements have been submitted
pertinent regarding your particular circumstances or the situation in the
your country of origin.
Article 20.
Competence to appreciate and decide
1-Compete to the National Director of the Office of Foreign and Border Patrol
reasoned decision on the admissibility of the application within 20 days of
count of the expiry of the period provided for in Article 17 (2).
2-In the lack of a decision within the time limit specified in the preceding paragraph, it shall be deemed
admitted to the request.
3-A The decision on the application for asylum is notified to the applicant and simultaneously
communicated to the representative of UNHCR and the Portuguese Council for the
Refugees.
21
Article 21.
Effects of the inadmissibility of the application
1-A The decision inadmissibility of the application is notified to the applicant within 48
hours, with the mention that it must leave the country within 20 days, under penalty of
immediate expulsion once sold out of that deadline, as well as the rights that
assist, in the terms of the following article.
2-Should the applicant fail to comply with the provisions of the preceding paragraph, the Service of
Foreigners and Borders should promote the process with a view to their expulsion
immediate, in the terms provided for in the legal regime of entry, stay, exit and
removal of foreigners from national territory.
Article 22.
Judicial challenge
1-A The decision delivered by the National Director of the Office of Foreign and Border Affairs is
liable to challenge judicial proceedings before the administrative courts, within the period of
eight days, with suspensive effect.
2-A The court decision is handed down within eight days.
Section II
Applications submitted at border crossings
Article 23.
Special arrangements
1-A The admissibility of asylum applications filed at border crossings by
foreigners who do not fulfil the legal requirements required for entry into
national territory is subject to the scheme provided for in the preceding Articles with the
modifications set out in this section.
2-Employers who receive asylum seekers at border crossings have
appropriate training and appropriate knowledge of relevant relevant standards
in the area of the right of asylum and refugees.
22
Article 24.
Assessment of the application and decision
1-The Office of Foreign and Border communicates, immediately, the presentation
of the asylum applications referred to in the previous article to the representative of UNHCR and
to the Portuguese Council for Refugees, who can pronounce on the deadline
maximum of 48 hours and interview the applicant, if they wish.
2-Within the period referred to in the preceding paragraph, the applicant is informed of its
rights and obligations and provides statements that are worth, for all purposes, such as
prior hearing of the person concerned.
3-The provision of statements referred to in the preceding paragraph shall apply to the provisions of the
article 16 para.
4-The national director of the Foreign and Borders Office proffers decision
grounded on the admissibility of the application within the maximum period of five days,
but never before the course of time provided for in paragraph 1.
5-A Decision expected in the preceding paragraph shall be notified to the applicant with information
of the rights of judicial challenge that assist you and, concurrently,
communicated to the representative of UNHCR and the Portuguese Council for the
Refugees.
Article 25.
Judicial challenge
1-A The decision delivered by the National Director of the Office of Foreign and Border Affairs is
liable to challenge judicial proceedings before the administrative courts, within the period of
72 hours, with suspensive effect.
2-The person concerned enjoys the benefit of legal protection, applying, with due
adaptations, the Law No. 34/2004 of July 29 on the scheme provided for the appointment
of defender of accused for urgent representations, and may also request the
speedy appointment of forensic mandatary, under conditions to be fixed by protocol between the
Ministry of the Internal Administration and the Order of Lawyers.
3-A The court decision is handed down within 72 hours.
23
Article 26.
Effects of the application and the decision
1-The applicant remains in the international zone of the port or airport, while
awaiting notification of the decision of the National Director of the Office of Foreign Affairs and
Frontiers, applying the procedures and too much guarantees provided for in Article 4.
of Law No. 34/94 of September 14.
2-A The temporary installation of unaccompanied or separated minors obeys the
special conditions, in the internationally recommended terms, specifically
by UNHCR, UNICEF and the International Committee of the Red Cross.
3-Without prejudice to the provisions of the preceding article, the decision to inadmissibility of the
application determines the return of the applicant to the point where he started his journey, or,
in the event of impossibility, to the State where the travel document was issued
with which it has travelled or to another place in which it may be admitted, namely, a
safe third country.
4-A decision for admission of the application or the course of time provided for in paragraph 4 of the article
24. without having been notified of the decision, they determine the entry of the
applicant in national territory, following the instruction of the asylum procedure,
in the terms of the following articles.
Section III
Granting of the asylum
Article 27.
Provisional residence permit
1-The Office of Foreign Affairs and Borders issues a residence permit
provisional in favour of persons covered by application for asylum which has been
admitted, valid for the period of four months counted from the date of decision of
admission of the application and renewable for equal periods until the final decision of the same or,
in the situation provided for in Article 31, until the deadline there expires.
2-The model of the residence permit referred to in the preceding paragraph shall be fixed by
would pore from the member of the Government responsible for the area of internal administration.
24
3-People to whom they have been declared extensive the effects of asylum must
be mentioned in the applicant's residence permit, upon
averaging.
4-As long as the asylum procedure is pending, the applicant is applicable to the
provisions of this Law and in the legal regime of entry, stay, exit and
removal of foreigners from the national territory.
Article 28.
Instruction
1-The Office of Foreign and Border Affairs proceeds to the required representations and enquiries
all the facts whose knowledge is convenient for a fair and speedy decision,
by competing with the instruction of the asylum procedures.
2-The term of instruction shall be 60 days, extended by equal periods, up to the limit of
180 days, when this is warranted.
3-Within the framework of the instruction of asylum procedures, the Office of Foreign Affairs and
Frontiers may, if necessary, request the opinion of experts on issues
specific, in particular, of medical or cultural order.
4-During the instruction, the representative of the UNHCR or the Portuguese Council for the
Refugees can join the process reports or information about the respective
country of origin and obtain information about the state of the process.
5-The actors in the asylum procedures must guard professional secrecy
as to the information to which they have access in the performance of their duties.
Article 29.
Decision
1-Finda the instruction, the Office of Foreign and Borders elabora proposal
grounded in the granting or refusal of asylum.
2-The applicant is notified of the content of the proposal referred to in the preceding paragraph,
may pronounce on the same within five days.
3-From the proposal referred to in paragraph 1, it is simultaneously given knowledge to the
representative of UNHCR and the Portuguese Council for Refugees, who may,
in the same time frame, pronounce on its contents.
25
4-After the course of the period to which the preceding figures are referred, the proposal
duly substantiated is remitted to the national director of the Service of
Foreigners and Borders, which presents it to the member of the Government responsible for the
area of internal administration within 10 days, accompanied by the opinions
provided for in the previous number, if hajam were issued.
5-The member of the Government responsible for the area of internal administration decides on the
period of eight days from the date of the submission of the proposal referred to in the number
previous.
6-The Office of Foreign Affairs and Borders notifies the decision handed down to the applicant,
with mention of the right which assists you in the terms of the following article and communicates it,
simultaneously, the representative of the UNHCR and the Portuguese Council for the
Refugees.
Article 30.
Judicial challenge
1-A The decision handed down under the previous article is likely to be challenged
judicial before the administrative courts, within 15 days, with effect
suspensive.
2-A The court decision is handed down within 15 days.
Article 31.
Effects of the decision to refuse
1-In the event of a decision to refuse international protection, the applicant may
remain in national territory for a transitional period, which does not exceed 30
days.
2-The applicant shall be subject to the legal regime of entry, stay, exit and
removal of foreigners from the national territory from the expiry of the scheduled time
in the previous number.
26
Article 32.
Extinguishing of the procedure
1-The procedure is declared extinct whenever the asylum seeker desist
expressly of the application or, because it is attributable to it, the same is
stopped for more than 90 days.
2-A The declaration of extinction of the procedure shall compete with the entity which, pursuant to the
present law, decide on the admissibility of the application or the granting of the right of
asylum.
3-Even if the procedure is declared extinct in the terms of the previous number, the
asylum seeker who presents himself again to the authorities has the right to
apply for the reopening of the procedure, in this case being resumed at the stage where
was interrupted.
Section IV
Subsequent request
Article 33.
Submission of a subsequent application
1-The foreigner or stateless person to which the right of asylum has been denied can, without
injury to the course of the time limits provided for the respective judicial challenge,
submit a subsequent application, whenever it has new elements of
proof that it will allow you to benefit from the right of international protection or when
understand that they have ceased the grounds that substantiated the decision of inadmissibility
or refusal of the request for asylum.
2-The subsequent application is addressed to the Office of Foreign and Border and shall be
instructed with all the proof documents that substantiate your presentation,
may the Office of Foreign and Border Protection grant the applicant a deadline
reasonable to present new facts, information or evidence.
3-The Office of Foreign and Border Affairs informs the representative of UNHCR and the
Portuguese Council for Refugees as soon as an application is made
subsequent.
27
4-The Office of Foreign and Border Affairs proceeds to the preliminary assessment of the application in the
maximum ten-day period from your submission or the date of submission
of the elements which, in accordance with paragraph 2, have been requested from the applicant.
5-When the preliminary assessment results in evidence that the applicant fills the
conditions to benefit from the right of asylum, the procedure follows the terms
provided for in Articles 27 and following, and may be waived for
proofs of evidence already produced in the previous process that take advantage of the
applicant.
6-In case it concludes that no new evidence has been submitted to the Director
national of the Foreign and Border Service proffered decision of
inadmissibility of the application, notifying the applicant immediately of the reasons for
decision given the result of the preliminary assessment as well as of the
possibility of judicial challenge, before the administrative courts, in the
general terms and with merely devolutive effect.
7-When the applicant finds himself in national territory, notification of the decision to
referring to the previous figure should still mention that it should leave the country in the
period of 20 days, becoming subject to the legal regime of entry, stay, exit and
removal of foreigners from the national territory after the end of the said deadline,
save when the applicant benefits already from a more favourable time limit, by virtue of the
provisions of this Law.
Article 34.
Extensive application
The provisions set out in Sections I, II, III and IV of this Chapter are
correspondingly applicable to the situations provided for in Article 7.
Section V
Resettlement of refugees
28
Article 35.
Request for resettlement
1-The applications for resettlement of refugees under the mandate of UNHCR are
presented to the member of the Government responsible for the area of the administration
internal.
2-The Office of Foreign and Border Affairs ensures the necessary representations to the
tramway and decision of the applications within 10 days.
3-The Portuguese Council for Refugees is informed about the applications
presented and can issue opinion on the same, within five days.
4-The member of the Government responsible for the area of internal administration decides on
acceptance of the application for resettlement within 15 days.
5-A The acceptance of the application for resettlement confers on the interested status identical to the
provided for in Chapter VII.
CHAPTER IV
Special procedure for determination of the State responsible for the analysis of the
application for asylum
Article 36.
Determination of the responsible state
Where, in the terms of the applicable international instruments, please check the
need to proceed to the determination of the State responsible for the analysis of a
application for asylum lodged in a member state of the European Union, an
special procedure regulated in the terms of the provisions contained in the present
chapter.
Article 37.
Application for asylum lodged in Portugal
1-When there are strong indications that it is another the member state of the Union
European responsible for taking or resuming the post of asylum seeker, de
agreement with that provided for in Regulation (EC) No 343/2003 of February 18, the
29
Foreign and Border Service asks the respective authorities for their
acceptance.
2-Accept the responsibility for the requested State, the national director of the Service of
Foreigners and Borders proffers, within five days, decision to transfer
of the responsibility that is notified to the applicant and communicated to the representative
of UNHCR and the Portuguese Council for Refugees.
3-A notification provided for in the preceding paragraph is accompanied by the delivery to the applicant
of a safe-conduit, to be issued by the Office of Foreign and Frontier second
model to be approved by portaria of the member of the Government responsible for the area of
internal administration.
4-A Decision handed down by the National Director of the Foreign and Border Service
is liable to challenge judicial proceedings before the administrative courts on time
of five days, with suspensive effect.
5-A The court decision is handed down within five days.
6-In the event of a negative response from the State required to the application formulated by the
Foreign and Border Service, pursuant to paragraph 1, shall observe the provisions of
in Chapter III.
Article 38.
Implementation of the transfer decision
It is incumbent upon the Foreign and Border Service to execute the transfer decision of the
applicant, whenever the latter does not voluntarily abandon the national territory.
Article 39.
Suspension of the deadline for the decision
The instruction of the procedure of determination of the State responsible for the analysis of the
application for asylum suspending, until final decision, the term count provided for in paragraph 1 of the
article 20 and in Article 24 (4)
30
Article 40.
Application for asylum lodged in another member state of the European Union
1-Compete to the national director of the Foreign and Border Office to decide on
the acceptance of responsibility of the Portuguese state by the analysis of asylum application
presented in other member states of the European Union.
2-A The decision provided in the preceding paragraph shall be delivered within the maximum period of two months to
count of the date of receipt of the application for acceptance formulated by the State where
meets the asylum seeker or has been submitted the application for asylum.
3-In cases qualified as urgent by the State where the application was made, the
term referred to in the preceding paragraph is reduced to eight days.
CHAPTER V
Loss of the right of international protection
Article 41.
Causes of cessation, revocation, suppression or refusal to renew the right to
international protection
1-The right of asylum cesses when the foreigner or the stateless person:
a) Decide voluntarily to be worth it again from the protection of the country you have
nationality;
b) Having lost their nationality, recovers voluntarily;
c) Acquire a new nationality and enjoy the protection of the country whose
nationality acquired;
d) To voluntarily return to the country that has abandoned or outside of which
remained for fear of being persecuted;
e) It cannot continue to refuse to be worth the protection of the country of which it has the
nationality, because they have ceased to exist the circumstances under the
which has been recognized as a refugee;
f) Dealing with person without nationality, be in a position to return
to the country in which he had his habitual residence, for having ceased to exist
the circumstances according to which he was recognized as a refugee.
g) Voluntarily abandon the national territory by setting itself in another country;
31
h) Renounce expressly to the right of asylum.
2-The foreigner or the stateless person cees to be eligible for subsidiary protection when
the circumstances that led to their concession have ceased or if they have
changed to such a point that protection is no longer necessary.
3-For the purposes of the provisions of the provisions of e) and f) of paragraph 1 and in paragraph 2, cessation may only be
declared should the Foreign and Border Service conclude that the amendment of the
circumstances in the State of the nationality or habitual residence of the beneficiary of the
right of asylum or subsidiary protection is sufficiently significant and
lasting to ward off the merging fear of persecution or the risk of suffering offence
grave.
4-The Office of Foreign and Border Office notifies the beneficiary of the start and of the
result of the procedure, which can pronounce on the eight-day period and
communicate it at the same time to the representative of UNHCR and the Council
Portuguese for Refugee, who can, wanting, pronounce on the same
deadline.
5-It is repealed, deleted or refused the renewal of the right of asylum or protection
subsidiary when you check that the foreigner or stateless:
a) It should have been or can be excluded from the right to benefit from the right of
asylum or subsidiary protection under the terms of Article 9;
b) Have deturfed or omitted facts, including the use of documents
false, decisive in order to benefit from the right of asylum or subsidiary protection;
c) It poses a danger to internal security;
d) Having been convicted of a sentence carried on trial for felony felony of
common law punishable with imprisonment of more than three years, represent a
danger to internal security or public order.
Article 42.
Effects of the loss of the right of international protection
1-A loss of the right of international protection on the grounds of paragraph 5 of the article
previous is cause of expulsion from the national territory, save when it results from the
situations provided for in points a) and b) of Article 9 (1)
2-A loss of the right of international protection for the reasons provided for in paragraphs 1 and 2
of the preceding article determines the subjection of its beneficiary to the legal regime of
32
entry, stay, exit and removal of foreigners from national territory, without
injury to the provisions of the following number.
3-When the loss of the right of international protection does not constitute cause of
expulsion from the national territory, the person concerned may request the granting of a
residence permit with dispensation of the presentation of the respective visa, in the
terms of the legal regime of entry, stay, exit and removal of
foreigners from national territory.
Article 43.
Competence to declare the loss of the right of international protection and
expulsion
1-Without prejudice to the following number competes with the member of the Government responsible
by the area of internal administration, on a proposal from the National Director of the Service of
Foreigners and Borders, declare the loss of the right of international protection.
2-When the loss of the right of international protection constitutes cause of expulsion, the
decision is judicial, being applicable, with due adaptations, the provisions of
Law No. 23/2007 of July 4 relating to the imposition of the incidental penalty of
expulsion and the autonomous measure of judicial expulsion.
Article 44.
Judicial challenge
The decision handed down under paragraph 1 of the previous article is likely to be challenged
judicial before the administrative courts, within eight days, with effect
suspensive.
Article 45.
Communications
The UNHCR and the Portuguese Council for Refugees are always informed about the
situations referred to in Article 43, for the exercise of their competences.
33
Article 46.
Execution of the expulsion order
When judicial decision of expulsion occurs is remitted certificate to the Service of
Foreigners and Borders, who must carry out the order of expulsion therein, giving
knowledge of the fact to the representative of the UNHCR and the Portuguese Council for the
Refugees.
Article 47.
Prohibition to expel or reel
From expulsion of the recipient of international protection under Rule 42, no
may result in your placement in territory of country where your freedom will be at risk
by any of the causes which, in accordance with Article 3, may constitute grounds
for the granting of asylum or in any way violates the ban on expel and de
repelir (principle of non-refoulement) in compliance with the obligations
internationals of the Portuguese state.
CHAPTER VI
Status of the applicant for asylum and subsidiary protection
Section I
General provisions
Article 48.
Effects of asylum and subsidiary protection on extradition
1-A The granting of asylum or subsidiary protection shall prevent the follow-up of any
application for extradition of the beneficiary, founded on the facts on the basis of which the
international protection is granted.
2-A final decision on any extradition proceedings of the applicant who is
pending stay suspended while the application for international protection finds
in appreciation, either in the administrative phase or in the jurisdictional phase.
34
3-For the purpose of compliance with the provisions of the preceding paragraph, the presentation of the
application for international protection is communicated by the Foreign Services and
Frontiers to the entity where it runs the respective process within two working days.
Article 49.
Rights of applicants
1-Without prejudice to the provisions of the following Articles, Applicants for asylum or
subsidiary protection benefit from the following guarantees:
a) Be informed immediately or, when the order has been delivered
through another entity, up to five days from the registration of the application, in a
language that they understand, the rights that they assist and the obligations to which
are subject to host matter, specifically on:
i) The deadlines and means at disposal for the performance of the duty of presentation
of the relevant elements for consideration of the application;
ii) The proceduring/procedure;
iii) The organisations or groups of people providing legal assistance
specific;
iv) The organizations that can support them or inform them regarding the
reception conditions available, including medical assistance;
v) The consequences of the possible non-compliance with obligations and lack of
cooperation provided for in the following article.
b) Be informed as to the decision on the admissibility of the application and
respective content, albeit by means of judicial mandatary, if
have made you watch by lawyer;
c) Benefit, where necessary, from the services of an interpreter for the
assists in the formalization of the application and during the respective procedure;
d) Benefit from judicial support in the terms of the law.
2-Without prejudice to the provisions of the paragraph a) of the previous number, the Foreign Office
and Borders provides the applicant for asylum or subsidiary protection a leaflet
informative in a language that this one may understand, without prejudice to the same
information can be also provided orally.
35
3-There is recourse to an interpreter for the purposes of the ( b ) of paragraph 1 whenever the
applicant do not know or do not dominate the Portuguese language or in cases
specially provided for in the criminal procedural law.
4-UNHCR and the Portuguese Council for Refugees can provide
direct legal advice to applicants for asylum or subsidiary protection
at all stages of the procedure.
5-Lawyers or other consultants representing the applicant for asylum or
subsidiary protection have access to the constant information of your process, save
if the respective disclosure pits at risk to national security, the security of the
sources of the information or the person to whom that respect or if it becomes compromised
the analysis of the application or the international relations of the Portuguese State.
6-Lawyers or other consultants representing the applicant for asylum or
subsidiary protection are still entitled to access to vector areas, such as places of
detention or transit, to be able to provide for the due advice,
may the visits be limited as long as the access limitation is foreseen by
law and is absolutely necessary for security, public order, management
administrative of the area or to ensure an effective assessment of the application and such
limitation does not restrict severely or impossibility this access of the lawyer or
other consultants representing the applicant.
7-Applicants for asylum or subsidiary protection can make themselves follow up, in the
provision of statements referred to in Article 16, of lawyer or other
advisor, as well as from representatives of UNHCR or the Portuguese Council for
the Refugee, without prejudice to the respective absence shall not preclude the realization of such
procedural act.
Article 50.
Obligations of the applicant for asylum or subsidiary protection
Applicants for asylum or subsidiary protection must maintain the Service of
Foreigners and Fronts informed about their residence in Portugal, owing
immediately communicate to this service any change of address.
Section II
Provisions for the conditions of reception
36
Article 51.
Means of subsistence
1-To asylum-seekers or subsidiary protection in a situation of deficiency
economic and social and the members of his / her family are granted social support for
accommodation and food, in the terms of the current legislation.
2-For the purposes of the provisions of the preceding paragraph, in the granting of accommodation shall be
taken, with the agreement of the applicants, the appropriate measures to maintain so much
how much possible the family unit that is to be present in national territory,
particularly those provided for in points a) and b) of Article 59 (1)
Article 52.
Medical and medicaid assistance
1-It is recognized for asylum seekers or subsidiary protection and their respective
members of the family access to the National Health Service, in the terms to be defined by
joint office of the members of the Government responsible for the areas of
internal administration and health.
2-The supporting document of the submission of the application for asylum or protection
subsidiary, pursuant to Art. 14, considers itself rather to substantiate the
quality of applicant, for the purpose of the provisions of the preceding paragraph.
3-For the purposes of this article, health authorities may require, for reasons
of public health, that the applicants undergo a medical examination, in order to
of which it is attested that they do not suffer from any of the diseases defined in the
applicable instruments of the World Health Organization or in other diseases
infectious or contagious parasitic object of protective measures in
national territory, whose results are confidential and do not affect the procedure
of asylum.
4-The medical examinations and the measures referred to in the preceding paragraph shall not have
systematic character.
5-To particularly vulnerable applicants is provided medical or other assistance
that if it proves necessary.
37
Article 53.
Access to education
1-The minor children of asylum-seekers or subsidiary protection and the
applicants for asylum or minor subsidiary protection have access to the system of
to teach under the same conditions of national citizens and too many citizens for whom
the Portuguese language does not constitute mother tongue.
2-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 54.
Right to work
1-To asylum-seekers or subsidiary protection to whom it has already been issued
provisional residence permit is ensured access to the labour market,
in the terms of the general law, ceasing, from the exercise of paid employment, to
application of the social support scheme provided for in Article 56.
2-Access to the labour market is only intertold with asylum seekers or
subsidiary protection during the period that measures the submission of the application and the
decision on its admissibility, unless the applicant is a holder of a
residence permit or other habilitative title of stay in territory
national that allows 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 20 days from the date of the application submission.
4-In cases of judicial challenge of a negative decision handed down by the member
of the Government responsible for the area of internal administration, the right of access to the
labour market remains up to the applicant to be notified of a decision
negative judicial.
Article 55.
Programmes and measures of employment and vocational training
1-Applicants for asylum or subsidiary protection have access to programmes and
employment measures and vocational training under conditions to be established by the
38
ministries that tutelize the area concerned, 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.
Section III
Material conditions of reception and health care
Article 56.
Social support
1-To asylum seekers or subsidiary protection and their respective members of the
family, who do not have sufficient means to allow their livelihood,
host material conditions are ensured, as well as the care of
health established in this section, with a view to ensuring the satisfaction of their
basic needs in conditions of human dignity.
2-To asylum seekers or subsidiary protection and members of their family
particularly vulnerable and to asylum-seekers or subsidiary protection
that they find themselves at the border crossings are also assured conditions
appropriate reception materials, 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
lack of resources of any nature or of lower value to the support allowance
social ascertained in the terms of the applicable law.
4-In case it proves that an applicant has sufficient resources may be
required a contribution, in whole or in part, to the coverage of the expenses
arising from the material conditions of reception and health care.
5-Should it prove that an applicant has had sufficient means to cost the
material conditions of reception and health care at the time when these
basic needs have been provided, the competent body may require the
respective refund.
39
Article 57.
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 is lodged at the border crossings;
b) In facility centre for asylum seekers or establishment
equated that 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
material reception conditions other than those provided for in the numbers
previous, whenever:
a) An initial assessment of the specific needs of the
applicants;
b) In the geographical area where the applicant is located are not available
the material conditions of reception provided for in paragraph 2;
c) The available reception capacities meet temporarily
depleted; or
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d) Asylum-seekers or subsidiary protection find themselves in a regime of
retention at border crossing that does not have any facilities equipped with
reception centres.
Article 58.
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 to 30% of the established amount;
c) Monthly allowance for personal expenses and transport, corresponding to 30%
of the established amount.
Article 59.
Supplementary guarantees in respect of accommodation
1-A entity responsible for the granting of accommodation in kind, in the forms
provided for in Article 57 (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 the parents or with the adult member of the
family by them responsible for the strength of the law;
c) To assure applicants the possibility to communicate with their family or
your legal representatives, as well as with the representatives of UNHCR and
of the Portuguese Council for Refugees;
d) Take appropriate measures to prevent aggressions within the
facilities and reception centres referred to in Article 57 (2).
2-A transfer of asylum seekers or subsidiary protection of a
installation of accommodation for another one can only be carried out when such a revs
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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 Portuguese Council for Refugees and other organizations not
government that will develop activities in this area and as such are
recognized by the State is ensured access to the reception centres and other
accommodation facilities in such a way as to assist asylum seekers or protection
subsidiary, and 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 of the applicants.
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.
Section IV
Reduction or cessation of the benefit of the conditions of reception
Article 60.
Reduction and cessation of the benefit of the conditions of reception
1-Social support ends with the final decision that falls on the application for asylum or
subsidiary protection, regardless of the interposition of the competent resource
jurisdictional
2-A cessation of support under the previous number does not verify when, assessed
the economic and social situation of the applicant, if it is concluded by the necessity of its
maintenance.
3-The conditions of reception may be fully or partially withdrawn if the
applicant for asylum or subsidiary protection, 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;
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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 in the
individual interviews, when for such a call;
e) Have dissembled your financial resources and therefore benefit
unduly of the material conditions of reception.
4-If, subsequently, the termination of the conditions of reception, the applicant is
found or whether to submit voluntarily to the competent authorities, it must be
take, based on the reasons for his disappearance, a reasoned decision
as to the re-establishment of the benefit of some or all of the conditions of
reception.
5-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, impartial and must be substantiated.
6-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
particularly vulnerable, taking into account the principle of proportionality.
7-A reduction or cessation of benefits is without prejudice to access to health care
urgent.
8-Of the decisions referred to in paragraph 3 shall be appean in accordance with Article 63.
Section V
Guarantees of effectiveness of the host system
Article 61.
Competencies
1-Compete to the Ministry of the Internal Administration to guarantee asylum seekers
or of subsidiary protection that are found to be withheld at the border crossings
conditions of accommodation and access to health care, as well as the satisfaction of the
charges inherent in the granting of the material conditions of reception, until decision
as to the admissibility of the application, and may those be secured by others
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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 or subsidiary protection whose application has been admitted, until final decision on the
even, which may be provided directly by the said ministry or by
other public or private non-profit entities with which to come to
celebrate protocol.
3-Compete to the entities responsible for the National Health Service to ensure the
access of asylum seekers or subsidiary protection and members of their
family to health care, under the applicable law.
4-The access of minors to the education system is guaranteed by the responsible entities
within the framework of the Ministry of Education.
5-The decisions referred to in Article 60 are the competence of the entities
responsible for the granting of the host material conditions provided for in the
present law.
Article 62.
Personnel and resources
The authorities and other organizations referred to in the preceding article shall provide the
its staff training basic training appropriate to the needs of asylum seekers
or of subsidiary protection of both sexes.
Article 63.
Guarantees
1-The negative decisions regarding the granting of benefits under this Act
or the decisions taken pursuant to Article 60 which affect individually
applicants for asylum or subsidiary protection are liable to exercise the
general administrative and jurisdictional guarantees.
2-The modalities of access to legal aid, in the cases referred to above, are
governed by the legislation on access to justice.
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Article 64.
Collaboration of non-governmental organizations with the State
1-non-governmental organizations can collaborate with the State in the realization
of the measures provided for in this Law.
2-A collaboration of non-governmental organizations with the State in the realization of the
measures relating to asylum-seekers or subsidiary protection to which if
refers to the previous number, can translate into the organisation of the information and the
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.
CHAPTER VII
Status of the refugee and subsidiary protection
Article 65.
Rights and obligations
The beneficiaries of refugee status enjoy the rights and are subject to the duties
of foreign nationals residing in Portugal, to the extent that they do not counter the provisions of
in this law, in the 1951 Geneva Convention and the New York Protocol of 1967,
to be, in particular, the obligation to abide by the laws and regulations, well
as the arrangements aimed at the maintenance of public order.
Article 66.
Information
In the act of the notification of granting refugee status or protection
subsidiary, the Foreign and Border Service informs the beneficiary of the rights and
the obligations relating to the respective status, in a language that the latter may understand.
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Article 67.
Title of residence
1-To the beneficiaries of refugee status is granted a permit to
residence valid for the initial period of five years, renewable, save if reasons
imperatives of national security or public order impeeming it and without prejudice
of the provisions of Chapter V.
2-To the beneficiaries of the subsidiary protection status is granted an authorisation
of residence for humanitarian reasons valid for the initial period of two years,
renewable, after analysis of the evolution of the situation in the country of origin, save if reasons
imperatives of national security or public order impeeming it and without prejudice
of the provisions of Chapter V.
3-To the family members of the beneficiary mentioned in the following article is issued
an extraordinary residence permit, of validity identical to that of the beneficiary
of asylum or subsidiary protection, which will be allocated by the member of the Government
responsible for the area of internal administration, with dispensation of the requirements
required by the legal regime for entry, stay, exit and removal of
foreigners from the national territory.
4-Compete to the national director of the Office of Foreign and Border Office elaborating
reasoned proposal for the allocation and renewal of residence permits
predicted in the previous numbers.
5-Compete to the member of the Government responsible for the area of internal administration,
on a proposal from the National Director of the Office of Foreign and Border Affairs,
grant, with dispensation of any fee, the residence permit provided for in the
this article, second model established by portaria of the said member of the
Government.
6-Compete to the Office of Foreign and Border issues issue the documents
vouchers for residence to be allocated pursuant to this Article.
Article 68.
Preservation of the family unit
1-The beneficiaries of refugee status or subsidiary protection are entitled to the
family reunification with the members of your family, in the terms defined in the
46
legal regime of entry, stay, exit and removal of foreigners from the
national territory.
2-The effects of asylum or subsidiary protection must be declared extensive to the
family members referred to in the previous number.
3-The provisions of the preceding paragraphs shall not apply in cases in which the member of the
family be excluded from refugee or subsidiary protection status or lose it
under the terms of this Law.
Article 69.
Travel documents
1-The beneficiaries of the refugee status may be issued, upon
application, travel document in accordance with the provisions of the Annex to
Geneva convention, which allows them to travel outside the national territory, unless
what imperious grounds of national security or public order require the
contrary.
2-To the beneficiaries of the subsidiary protection status that demonstrably do not
may obtain a national passport, may be issued, upon application by the
interested, Portuguese passport abroad that allows them to travel outside the
national territory, unless imperious grounds of national security or
public order require otherwise.
3-A The fee due for the issuance of these documents is fixed by porterie of the member of the
Government responsible for the area of internal administration.
Article 70.
Access to education
1-To the minors to whom the status of refugee or protection is granted
subsidiary is conferred full access to the education system, under the same conditions
that to national citizens.
2-To the adults to whom the refugee or protection status has been granted
subsidiary is allowed access to the education system in general, as well as to the
training, further processing or professional recycling, under the same conditions as
to national citizens.
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3-With regard to the prevailing procedures in recognition of the
diplomas, certificates and other evidence of foreign official qualification, is
ensured equal treatment between beneficiaries of refugee status or
of subsidiary protection and the respective nationals.
Article 71.
Access to employment
1-To the beneficiaries of refugee status or subsidiary protection is ensured the
access to the employment market, under the general law, ceasing, from the
paid employment exercise, the application of the social support scheme provided for in the
article 56 para.
2-Are also assured to the beneficiaries of refugee status or
subsidiary protection opportunities for training linked to the employment of adults,
vocational training and hands-on experience in workplace, in the same
conditions of national citizens.
3-The legal provisions in respect of remuneration and other conditions shall apply
relative to employment.
Article 72.
Social security
The beneficiaries of the refugee or subsidiary protection status apply to
legal provisions relating to the Social Security System.
Article 73.
Health care
1-The beneficiaries of refugee or subsidiary protection status and their respective
members of the family have access to the National Health Service, in the same
conditions that national citizens.
2-Are ensured adequate health care for the beneficiaries of the status of
refugee or subsidiary protection that integrate into the groups of people
particularly vulnerable under the same conditions as to national citizens.
48
3- They are deemed to have special needs for the purposes of the previous number, the
pregnant women, the disabled, victims of torture, rape or other serious forms of
physical, psychological or sexual violence, the minors who have suffered any form of
abuse, neglect, exploitation, torture, cruel treatment, inhuman or
degrading or the effects of an armed conflict.
Article 74.
Accommodation
To beneficiaries of refugee status or subsidiary protection is ensured
access to accommodation, under conditions equivalent to those of foreigners who reside
legally in Portugal.
Article 75.
Freedom of movement on national territory
Freedom of movement in national territory to the beneficiaries of the statute is guaranteed
of a refugee or subsidiary protection, under the same conditions as those provided for by the
foreigners who reside legally in Portugal.
Article 76.
Integration programmes
In order to facilitate the integration of refugees and beneficiaries of protection
subsidiary in Portuguese society, integration programmes should be promoted
by the competent entities.
CHAPTER VIII
Common provisions to the statutes of applicants and beneficiaries of asylum and
subsidiary protection
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Article 77.
Provisions relating to particularly vulnerable persons
1-In the provision of the material conditions of reception, as well as the care of
health, is taken into account the situation of particularly vulnerable people,
in the terms of the following articles.
2-On the submission of the application for asylum or subsidiary protection or in
any phase of the procedure, the competent entity shall identify the persons
whose special needs have to be taken into account, according to
with the predicted in the previous number.
Article 78.
Minors
1-In the application of this Law, the superiors shall be taken into account
interests of the minors.
2-For the purposes of the preceding paragraph, it is considered to be of the superior interest
of the minor, specifically:
a) Their placement with the respective progenitors, idogens; or, in the absence
of these,
b) Their placement together of adult relatives, idogens; or, in the absence of these,
c) In host families, in specialized accommodation centres for
minors or in places that have conditions for the purpose;
d) The non-separation of frateries;
e) The stability of life, with changes of place of residence limited to the
minimum.
3-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.
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Article 79.
Unaccompanied minors
1-Without prejudice to the tutelary measures applicable under the tutelary legislation of
minors, the minors who are applicants or beneficiaries of asylum or of
subsidiary protection, can be represented by entity or organization not
government or by any other form of legally admitted representation.
2-The needs of minors must be taken into account through the
respective tutor or designated representative, being the subject of periodic evaluation
on the part of the competent authorities and their views should be taken into account,
as a function of their age and degree of maturity.
3-For the purposes of the previous figures, apply to the unaccompanied minors
rules set out in the previous article, as long as they are allowed to enter the territory
national up to the time they have to leave it.
4-The unaccompanied minors, aged 16 or above, may be
placed in adult reception centres of asylum seekers.
5-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.
6-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.
7-Staff working with unaccompanied minors must have training
appropriate to the needs of minors and is subject to the duty of confidentiality
with respect to the information from which you take notice in the exercise of your
functions.
Article 80.
Victims of torture or violence
To persons who have been victims of acts of torture, rape or other acts
of serious violence is ensured special treatment appropriate to the damage caused by the
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acts referred to, in particular through special attention and follow-up. by part
of the respective district centre of the Institute of Social Security, I. P. and health services
or of the entities that with this have entered into protocols of support.
Article 81.
Voluntary repatriation
Assistance may be provided to applicants and beneficiaries of asylum or protection
subsidiary that would express a willingness to be repatriated, specifically through
voluntary return programs.
CHAPTER IX
Final provisions
Article 82.
Form of notification
1-The notifications to the applicant are made in person or through registered letter,
with acknowledgation of receipt, to send to your last known abode.
2-In the event that the letter is returned, it should such an immediate statement to the
representative of UNHCR and the Portuguese Council for Refugees,
considering the notification made if the applicant does not appear in the Service of
Foreigners and Borders within 20 days from the date of the said return.
Article 83.
Gratuitousness and urgency of the processes
The procedures for granting or losing the right to asylum or subsidiary protection and
of expulsion are free of charge and they have urgent character, either in the administrative phase or in the
judicial.
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Article 84.
Simplification, dematerialization and identification
They shall apply, with due adaptations, to the provisions of Article 212 of the Law
n ° 23/2007 of July 4 relating to simplification, dematerialisation and
identification of people.
Article 85.
Interpretation and integration
The precepts of this Law shall be interpreted and integrated in harmony with the
Universal Declaration of Human Rights, the European Convention on the Rights of the
Man, the Geneva Convention of July 28, 1951 and the Additional Protocol of
January 31, 1967.
Article 86.
Law No. 67/2003 of August 23
The provisions of this Law shall be without prejudice to the legal regime provided for in Law No 67/2003,
of August 23.
Article 87.
Abrogation standard
Leis No 15/98 of March 26 and No 20/2006 of June 23 shall be repealed.
Article 88.
Entry into force
This Law shall come into force 60 days after the date of its publication and shall apply to the
pending asylum applications.
Seen and approved in Council of Ministers, December 12, 2007
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The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs