Establishes The Conditions And Procedures For Granting Asylum Or Subsidiary Protection And The Law Of Asylum, Refugee Status And Subsidiary Protection Status, Transposing To The Internal Legal Order Directives Article 2004/83/ec Of The Council Of

Original Language Title: Estabelece as condições e procedimentos de concessão de asilo ou protecção subsidiária e os estatutos de requerente de asilo, de refugiado e de protecção subsidiária, transpondo para a ordem jurídica interna as Directivas n.os 2004/83/CE, do Conselho, de

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DRAFT law No. 174/X explanatory memorandum 1. The present Bill aims to transpose into domestic law Council Directive No. 2004/83/EC of 29 April laying down minimum standards for the conditions to be fulfilled by third-country nationals or stateless persons in order to qualify for the status of refugee or person who, for other reasons, require international protection, as well as concerning their status and the content of the protection granted and Council Directive No. 2005/85/EC of 1 December 1970 on the minimum standards applicable to the procedure for granting and loss of refugee status. The Portuguese State, in respect of the right of asylum and refugees, welcomes your fundamental legislation on rules that have been ensuring, in multiple strands, an appropriate status and which has replied, in essence, the requirements that arise. In fact, the rights enshrined by Parliament in law No. 15/98 of 26 March, as well as the subsequent amendments, approved by Law No. 67/2003, of 23 August and 20/2006, of 23 June (who also gathered a broad consensus and widespread support of parliamentary organizations that direct your activity in this area), so a reference framework which completed and regulated effectively the conventions to which Portugal is part, as well as the guidelines and directives of the European Union, corporizando and densificando the standard of article 33 of the Constitution of the Republic. 2. this draft law is therefore a corollary the need to transpose the abovementioned directives, in order to ensure uniform practices, embodied in procedures and rights that reinforce the status of refugee and subsidiary protection holder. Portugal, which is part of the countries in the European Union and at international level have a collection of advanced legislation, ensures fully, with this Bill, the legal framework allowing humanitarian action and active, that will allow you to respond better to the problems we face with the increase in the number of refugees and displaced persons.

2 the United Nations High Commissioner for Refugees (UNHCR) has appealing to States to a more committed to the resolution of this human drama, focusing on the people affected their actions. The effectiveness of the intervention, as stressed the European Union, is based on a strategic cooperation with countries of origin, transit and destination. Europe as area of freedom, security and justice, sought by many of those who are persecuted in their own countries, takes on a role here for example. The Portuguese State follows this path. The UNHCR's latest report, presented by Mr. António Guterres, expressed the progress of initiatives, but also accentuates the difficulties that are experienced by about 32 million refugees and displaced people, requiring a response from the international community. It is important to affirm, in all your dimension, the principles set out in article 14 of the Universal Declaration of human rights, which provide that all persons who are subject to persecution have the right to seek and enjoy asylum in other countries. The new strategies of response to current dimension of the refugee problem must respect the values of the Declaration. In the face of the increase, since the beginning of the years 80, the arrival of asylum seekers in the European Union, the Member States have introduced procedures to establish procedural guarantees in order to continue to be able to ensure the right of asylum to those who genuinely need international protection under the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community. 3. this draft law is part of the process of building a common European asylum system, part of the objective of the European Union that aims to establish progressively an area of freedom, security and justice open to those who have been forced by circumstances, legitimately seek protection in the community. At the same time ensures the full application of the Geneva Convention relating to the status of refugees of 28 July 1951 and the New York Protocol of 31 January 1967, additional to that, as cornerstones of the international legal regime relating to refugees. Perfect, therefore, existing standards, for:


3 a) identification criteria to be fulfilled by asylum seekers to get access to refugee status or subsidiary protection; (b)) to the core Essentials of benefits and obligations behind; c) The framework of the procedure for granting and withdrawing international protection. Clarified the regime of asylum, solidifying common concepts, determining with greater certainty concepts such as acts of persecution, agents of persecution and reasons for exclusion and refusal of asylum and subsidiary protection. Develops a common procedure of admissibility and examination of applications for asylum and subsidiary protection status and subsequent guarantees and obligations of applicants. Defines the concept of safe third country, ensuring the application of the principle of non-refoulement. It's still highlight the range of changes that effectively reinforces the rights of refugees and beneficiaries of subsidiary protection status, as: a) the preservation of the family unit, particularly with regard to minors, enlarged still situations of de facto Union and other relatives; (b)) the clear determination of procedural rights in proceedings, the applicant's statements and the examination of the application; c) the consecration of the right of residence in the national territory of the applicant for international protection; d) the consecration of a set of rights that comprise the material content of the international protection of refugees, since the right to employment, health, education and social protection, among others, guaranteed under the same conditions as national citizens. At the same time, reinforce the graceful and contentious guarantees available to asylum seekers or of the beneficiaries of refugee or subsidiary protection status throughout the procedure. Finally, recognizes and encourages the important contribution non-governmental organizations have in all stages of the asylum process, since the application to the decision and integration in the host country and eventual repatriation support, in particular the remarkable work that has been developed by UNHCR and by the Portuguese Council for refugees. Were heard the Superior Council of the Magistracy, the High Council of the Public Ministry, the Bar Association, the United Nations High Commissioner for Refugees and the 4 Portuguese Council for refugees. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law 1-lays down the conditions and procedures for granting asylum or subsidiary protection and the law of asylum, refugee status and subsidiary protection status , transposing to the internal legal order the following EEC directives:) Directive No. 2004/83/EC of 29 April laying down minimum standards for the conditions to be fulfilled by third-country nationals or stateless persons in order to qualify for the status of refugee or person who, for other reasons, require international protection, as well as concerning their status and the content of the protection granted; b) Directive 2005/85/EC of 1 December 1970 on the minimum standards applicable to the procedure for granting and loss of refugee status. 2-at the same time, the consolidation of the national law transposing the directive no. 2003/9/EC of the Council of 27 January, made by law No. 20/2006, of 23 June, which lays down the minimum standards for the reception of asylum seekers in the Member States.

Article 2 Definitions 1-for the purposes of this law: (a)) «residence permit» means the authorisation issued by the Portuguese authorities in legal terms that allows a foreigner or a stateless person to reside on national territory 5; b) ' reception centre ' means any place used for collective housing of asylum seekers; c) ' reception conditions ' means the set of measures adopted in favour of applicants for asylum in accordance with this law; d) ' material reception conditions ' means the reception conditions that include housing, food, clothing and transport costs, provided in kind or in the form of financial allowances or vouchers or subsidies for daily expenses; e) «Geneva Convention» means the Convention relating to the status of refugees, done at Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967; f) «subsidiary protection status» means the recognition by the competent Portuguese authorities, of a foreigner or a stateless person as a person eligible for granting a residence permit on humanitarian grounds; g) «refugee status» means the recognition by the competent Portuguese authorities, of a foreigner or a stateless person as a refugee that in that capacity is allowed to remain in the national territory; h) «family members», the relatives of the asylum seeker referred to in the legal regime of entry, stay, departure and removal of aliens from the national territory for the purpose of family reunification; I) «unaccompanied minors» means any third-country nationals or stateless persons below the age of 18 years who come into the country unaccompanied by an adult who, by law, take responsibility for them, as long as they are not effectively taken into the care of that person, or who have been abandoned after the entry into the national territory; j) ' reasons for persecution», the underlying the well-founded fear of being persecuted or of the applicant who runs real risk of suffering serious harm, which must be assessed taking into account the concepts of: i) «Race», which includes, inter alia, considerations to colour, descent, or membership of a particular ethnic group;


6 ii) «religion», which covers, inter alia, that theistic beliefs, non-theistic and atheistic, or abstention from participation in ceremonies to worship in private or in public, either individually or in conjunction with others, other religious acts or expressions of convictions, or forms of personal or communal conduct based on religious beliefs or by these imposed; III) ' nationality ', which is not limited to citizenship or to your absence, but also covers, in particular, the membership of a group determined by your cultural, ethnic or linguistic identity, for its geographical origins or common policies or by your relationship with the population of another State; IV) «Group», a specific social group in cases where:-the members of that group share an innate characteristic, or a common history that cannot be changed, or share a characteristic or belief considered so fundamental to identity or conscience of the members of the group that you can't demand that it surrender, and that group has a distinct identity in the country in question because it is perceived as different by the surrounding society. v) ' political opinion ', which includes, inter alia, the fact that if you have an opinion, idea or ideal in matters related to the potential actors of persecution to their policies or methods, whether that opinion, idea or ideal whether or not 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 to your habitual residence; m) ' safe country of origin "means the country of which the applicant is a national or, being stateless habitual resident, in relation to which the applicant has not relied on any serious reason for considering that it is not safe, taking into account the personal circumstances of the applicant with regard to compliance with the conditions to be considered a refugee and evaluated on the basis of a set of information sources , including in particular information from other Member States, the 7 Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organizations; n) ' safe third country ' shall mean the country where the asylum seeker has stayed on, or transited before reaching Portugal and where, arguably, is not subject to threats to your life and freedom, where respect for the principle of non-refoulement and the right not to be subjected to torture or cruel, inhuman or degrading treatment, and where I can apply for refugee status and , being granted, receive protection under the Geneva Convention, the following rules are observed: i) A connection between the applicant and the third country concerned that allows, in principle, that person to this country; II) certification that the safe third country concept may be applied to particular country or a particular applicant, including case-by-case analysis of the security of the country for a particular applicant and the National designation of countries considered generally safe; III) individual evaluation, in accordance with international law, the safety of the third country in question to particular applicant and that, at the very least, authorize the applicant to challenge the application of the concept of safe third country, on the grounds that it would be subjected to torture, or cruel, inhuman treatment or degrading. the) ' application or application for asylum ' means request by foreign or stateless person which can be considered a request for international protection addressed to the Portuguese authorities, under the Geneva Convention; p) «international protection» means loss effect arising from the termination, revocation, withdrawal or refusal of renewal of the right to asylum or subsidiary protection; q) ' permanence in the country», to be held in Portugal, including the border and transit areas of the national territory; r) ' particularly vulnerable ' People, people with special needs, in particular minors, unaccompanied minors, disabled people, elderly people, pregnant women, the members of single-parent families with minor children and persons who have undergone torture, rape or other serious forms of 8 psychological, physical or sexual violence; s) ' First country of asylum ' means the country in which the applicant has been recognized as a refugee and can still benefit from such protection or use in this country of effective protection under the Geneva Convention, and where, arguably, is not subject to threats to your life and freedom, where respect for the principle of non-refoulement and the right not to be subjected to torture or cruel treatment inhuman or degrading, as long as it is reinstated in that country; t) ' repeal prohibition (' principle of non-refoulement or non-refoulement»)», international asylum law principle, enshrined in article 33 of the Geneva Convention, under which asylum seekers should be protected against expulsion or refoulement, directly or indirectly, to a place where your life or freedom are threatened because of your race, religion, nationality , membership in a certain social group or political opinion, and may be excluded from this protection that that constitutes a threat to national security or that has been the subject of a final conviction for a crime or offence particularly serious; u) ' Procedures ' and ' judicial review ', the procedures and the form of contentious reaction established Portuguese law; v) «international protection» means the subsidiary protection status and refugee status, as defined in points (a) to (f)) and g); x) «Refugee», the foreigner who, fearing with good reason be persecuted as a result of activities pursued in the State of your nationality or your habitual residence in favour of democracy, social and national liberation, peace between peoples, freedom and rights of the human person or by virtue of your race, religion, nationality, political convictions or membership of a particular social group , is outside the country of which he is a national cannot, or, because of that fear, you don't want to ask for the protection of that country, or a stateless person, who, being outside of the country in which had the your habitual residence, for the same reasons as mentioned above, is unable to or, owing to the aforementioned fear, he doesn't want to go back, and which does not apply the provisions of article 9; z) "Representative" means the person who acts on behalf of an organization representing an unaccompanied minor as legal guardian, the person


9 that acts on behalf of a national organization that, under the law, is responsible for the care and well-being of minors, or any other suitable representative designated in accordance with the law, to protect the interests of unaccompanied minors; AA) ' applicant ' or ' applicant for asylum ' means a foreigner or a stateless person who has made an application for asylum or subsidiary protection that has not yet been the subject of a final decision. 2-for the purposes of article iv) (j)) of the preceding paragraph, depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation, which may not be understood as including acts typified as a crime, in accordance with the law, as well as consider aspects related to the genus, although this by itself should not create a presumption for the qualification as a group.

CHAPTER II beneficiaries of international protection article 3 Grant of asylum law 1-is guaranteed the right of asylum to foreigners and stateless persons persecuted or seriously threatened with persecution as a result of activities pursued in the State of your nationality or your habitual residence in favour of democracy, social and national liberation, peace between peoples, freedom and human rights. 2-have a right to asylum the foreigners and stateless persons who, fearing pursuant to be persecuted because of your race, religion, nationality, political opinions or integration in a certain social group, cannot, in that fear, unwilling to return to the State of your nationality or your habitual residence. 3-the asylum can only be granted to any foreigner who has more than one nationality when the grounds of persecution referred to in the above paragraphs arise for all States is a national. 4-for the purposes of paragraph 2, it is irrelevant that the applicant owns effectively the 10 feature associated with race, religion, nationality, social or political group which induces the persecution, provided that such a characteristic is attributed by the agent of persecution.

Article 4 effects of the grant of the right to asylum the right to asylum in accordance with the previous article gives the received refugee status, pursuant to this law, without prejudice to the provisions of treaties or international conventions to which Portugal is a party or to which it accedes.

Article 5 acts of persecution 1-for the purposes of article 3, the acts of persecution which may justify the right of asylum should constitute, by your nature or repetition, serious violation of fundamental rights, or a set of measures which, by your height, nature or repetition, affect the foreigner or stateless person in a similar way to which is the result of a serious breach of fundamental rights. 2-acts of persecution referred to in the preceding paragraph may, in particular, take the following forms: a) physical or mental violence, including sexual in nature; b) legal, Administrative Measures or judicial officers, are discriminatory or applied in a discriminatory manner; c) prosecution or punishment, which is disproportionate or discriminatory; d) denial of judicial redress resulting in a disproportionate or discriminatory; e) prosecution or punishment for refusal of military service in a conflict in which the military service involves the practice of crime or act which could lead to the exclusion from refugee status, pursuant to c) of paragraph 1 of article 9; f) acts committed specifically on grounds of gender or against minors. 3-the necessary information for decision-making on refugee status cannot be obtained in such a way that the agents of persecution stay 11 informed about the status of refugee being considered or endanger the physical integrity of refugee or of your family in Portugal or in the State of origin.

Article 6 actors of persecution 1-are agents of persecution: a) the State; b) parties or organisations controlling the State or a significant portion of its territory; c) non-State actors, if it be proved that the agents mentioned in (a)) and (b)), are unable or unwilling to provide protection against persecution, pursuant to the following paragraph. 2-for the purposes of point (c)) of the preceding paragraph, protection is deemed to exist where the agents mentioned in (a)) and b) of the preceding paragraph adopt adequate measures to prevent the practice of acts of persecution, through, inter alia, the introduction of an effective legal system to detect, and punish these acts instituting proceedings, provided that the applicant has access to effective protection.

Article 7 subsidiary protection 1-is granted a residence permit on humanitarian grounds to aliens and stateless persons who do not apply the provisions of article 3 and which are prevented or feel unable to return to your country of nationality or habitual residence, whether your given the systematic violation of human rights there, either by running the risk of suffering serious harm. 2-for the purposes of the preceding paragraph, it is considered a serious offence, namely: a) death penalty or execution; b) torture or inhuman or degrading treatment or punishment of the applicant in your country of origin, or; c) the serious threat against life or physical integrity of the applicant, the resulting 12 of indiscriminate violence in situations of international or internal armed conflict or generalized and indiscriminate violation of human rights. 3-is correspondingly applicable article before.

Article 8 Protection sur place 1-the well-founded fear of persecution within the meaning of article 3, or the risk of suffering serious harm, in accordance with the preceding article, may be based on events or activities carried out after the departure of the State of nationality or habitual residence, in particular if it is established that the activities which are based on the asylum application constitute the expression and continuation of convictions or orientations already expressed in that State. 2-the provisions of the preceding paragraph shall not apply when the fear or risk have origins in circumstances created by the alien or stateless person after your departure from the State of nationality or habitual residence, exclusively for the purpose of benefit, without enough bedding, refugee status or subsidiary protection status.

Article 9 exclusion and refusal of asylum and subsidiary protection


1-does not qualify for asylum or subsidiary protection the foreigner or stateless person when: a) is covered by the scope of point (D) of article 1 of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for refugees, since such protection or assistance has ceased for any reason, without which the situation of the person concerned has been definitely resolved in accordance with the applicable resolutions of the General Assembly of the United Nations; b) the competent authorities of the country in which you have established your residence considers that it has the rights and obligations of who owns the nationality of that country or equivalent rights and obligations;

13 c) there are serious suspicions that: i) Practiced crimes against peace, war crimes or crimes against humanity, in accordance with the international instruments which lay down provisions relating to these crimes; II) Practiced intentional crimes of common law punishable with imprisonment exceeding three years before being admitted as a refugee; III) has engaged in acts contrary to the purposes and principles of the United Nations set out in the preamble and in articles 1 and 2 of the Charter of the United Nations. 2-the asylum or subsidiary protection may be refused whenever your grant's work danger or founded security threat internal or external or public order. 3-subsidiary protection may still be refused if the alien or stateless person has committed one or more crimes not covered by subparagraph (c)) of paragraph 1 which would be punishable with jail time if they had been committed in the national territory and have left your country of origin solely in order to avoid sanctions resulting from these crimes. 4-for the purposes of subparagraph (c)) of paragraph 1 and the preceding paragraph, are still considered the people to apply the provisions of articles 26 and 27 of the Penal Code.

CHAPTER III Procedure section 1 admissibility of the asylum application article 10 request for asylum it is assumed that any application for international protection is an application for asylum, unless the person concerned expressly request another kind of protection that can be the subject of a separate request.

14 article 11 right of residence in the national territory 1-asylum seekers are allowed to remain in the national territory, for the purposes of the asylum procedure until the decision on admissibility of the application. 2-This right of residence does not enable the applicant to issue a residence permit.

Article 12 the purpose of application for asylum on offences relating to entry into the country 1-submission of the application for asylum shall prevent the knowledge of any administrative proceeding or criminal prosecution for irregular entry into national territory brought against the applicant and accompanying family members. 2-the procedure or process are filed if the asylum has been granted and is shown that the corresponding offence was determined by the same facts which justified the granting of asylum. 3-for the purposes of the preceding paragraphs, the application for asylum and the decision on the same are reported to the entity where running the administrative proceeding or criminal prosecution by the Foreign and Frontiers Service, within two business days.

Article 13 application 1-the foreigner or stateless person, to enter the national territory in order to obtain asylum, must submit your application to the Service of foreigners and borders or any other police authority within 15 days, and may do so in writing or orally, in this case drawn auto. 2-the examination of the application cannot be excluded solely on the ground that it has not been presented within the time limit laid down in the preceding paragraph. 3-in the case of the applicant reside in the country, the time limit referred to in paragraph 1 is counted from the date of the check or knowledge of facts which serve as the Foundation to request 15. 4-Any police authority which receives an application referred to in paragraph 1 refers to the Service of foreigners and borders within 48 hours. 5-the service of foreigners and borders informs the representative of UNHCR and the Portuguese Council for refugees as soon as we receive the application for asylum. 6-the applicant may request the extension of the application for asylum to the accompanying family members, whether they are minors, whether they are larger, and, in this case, the request be preceded by express prior written consent of dependants, under penalty of inadmissibility. 7-the minor applicant may submit an application in your name.

Article 14 proof of submission of the application and information Until three days after registration, is issued to the applicant proof of submission of the application for asylum, which simultaneously attests that the holder is authorized to your stay in national territory while your application is pending, and should be informed of their rights and obligations.

Article 15 content of the request 1-the applicant shall provide all the elements needed to justify the application for asylum, in particular: (a) Identification of the applicant) and members of your family; b) indication of your nationality, country or countries and place (s) of previous residence; c) indication of previous asylum applications; d) Report the circumstances or facts underlying the asylum. 2-for the purposes of the preceding paragraph, the applicant must, together with the application for asylum, to present identification documents and travel available, as well as evidence, and may present witnesses in number not exceeding 10.

16 article 16 Statements


1-before issued decision on the admissibility of the application for asylum is granted the applicant to testify under conditions which ensure appropriate confidentiality and to expose the circumstances which justify their claim. 2-the provision of claims takes individual character, unless the presence of family members is considered necessary for a proper assessment of the situation. 3-for the purposes of the preceding paragraphs, as soon as we receive the application for asylum, the Foreign and Frontiers Service notifies the applicant to pay claims within five days. 4-If the application is lodged by a minor or incompetent Foreign Service and shall inform the Borders to the Portuguese Council for refugees, for the purposes of representation. 5-the provision of statements can only be dispensed with: a) If conditions already exist to decide favourably on the admissibility of the application on the basis of evidence available; b) if the applicant has already provided by other means the information essential to their assessment; c) If the applicant is deemed unfit or unable to effect lasting circumstances beyond your will, and should, in this case, be taken the measures necessary to enable the applicant to communicate other information.

Article 17 Report 1-after performing the steps referred to in the preceding articles, the service of foreigners and borders shall draw up a written report which set out the essential information concerning the request. 2-the report referred to in paragraph 1 shall be notified to the applicant so that it can rule on it within five days and, at the same time, the representative of UNHCR release 17 and the Portuguese Council for refugees.

Article 18 the admissibility Assessment 1-the assessment of the admissibility of each asylum application, it is up to the service of foreigners and Borders review all relevant elements at this stage of the procedure, in particular the statements of the applicant given in accordance with the preceding articles and all the information available. 2-The examination of the application, the service of foreigners and borders takes into account in particular: a) the pertinent facts relating to the country of origin on the date of the decision on the application, including its laws and regulations and guarantees of your application; (b)) the situation and personal circumstances of the applicant, so as to assess, on the basis of this personal situation, if this has suffered or may suffer persecution or serious harm; c) If the applicant's activities since leaving the country of your origin, had finally only or principal create the necessary conditions for applying for international protection, so as to assess whether these activities will expose the persecution or serious harm, in the event of return to that country; d) If it can reasonably be expected that the applicant could be worth the protection of another country which could claim citizenship. 3-Is a serious indication of well-founded fear of persecution or the risk of suffering serious harm, the fact that the applicant had already been chased or directly threatened with persecution or have suffered or been directly threatened with serious harm, unless there are reasonable grounds to believe that the fundamentals of this persecution or serious harm ceased and will not be repeated. 4-applicant's declarations must be confirmed by documentary evidence or other evidence allowed in law, unless the following conditions are fulfilled: a) the applicant has made a genuine effort to substantiate your request; (b)) the applicant submits all the elements to your disposal and explanation satisfactory 18 for the possible lack of others considered relevant; c) The statements made by the applicant are considered coherent, plausible, and not contradictory with regard to the information available; d) the request has been presented at the earliest possible time, unless the applicant submits sufficient justification that this has not happened; and) general credibility has been established by the applicant.

Article 19 examination of the application 1-the request is considered outright unacceptable if, through the procedure laid down in this law, it is found 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 remain in the country for other reasons and, as a result of this fact, has enjoyed a status that confers rights and benefits equivalent to those of the refugee status; d) the applicant is allowed to remain in the country for other reasons to protect against refoulement pending the outcome of a procedure for the determination of the staff regulations, pursuant to point (c)); e) the applicant has lodged an identical application after a final decision pronunciation; f) A dependant of the applicant has submitted an application after having consented, in accordance with paragraph 6 of article 13, that your case was covered by a request made in your name and there are no elements relating to the dependant's situation which justify a separate application. 2-in cases not provided for in the preceding paragraph, should be summarily appreciated the merits of the application and should be considered unacceptable when it is clear that it does not meet any of the criteria set out by the Geneva Convention and the New York Protocol, by: a) if it finds any of the causes provided for in paragraphs 1 and 3 of article 9;


19 (b)), to submit the application and expose the facts, have invoked only questions not relevant or of minimal relevance to analyze the conditions to be considered a refugee; c) the applicant does not meet the conditions to be considered a refugee or to be granted refugee status in a Member State; d) the application for asylum be considered unfounded because: i) the applicant comes from a safe country of origin; II) the country that is not a Member State is considered to be safe third country for the applicant; and) the applicant has misled the authorities by presenting false information or documents or hiding information or important documents concerning your identity or nationality which could have a negative impact on the decision; f) the applicant has submitted another application for asylum with different personal data; g) the applicant does not have submitted information to determine, with a reasonable degree of certainty, your identity or nationality or because it is likely that, in bad faith, have destroyed or missing travel or identity documents likely to contribute to the determination of your identity or nationality; h) the applicant has made inconsistent, contradictory, improbable claims or insufficient to claim clearly unconvincing in relation to his/her having been the object of persecution; I) the applicant has submitted a subsequent application without invoking new facts relevant to their particular circumstances or to the situation in your country of origin; j) the applicant does not have the application early, without valid reasons, having had an opportunity to do so; l) the applicant submits the application in order to delay or prevent the application of a previous or imminent decision resulting in your removal; m) the applicant, without valid reasons, failure to comply with the obligations referred to in article 15 or in paragraph 3 of article 16;

20 n) have entered illegally or prolonged stay in your country and, without valid reason, not be presented to the authorities as soon as possible, given the circumstances of your entry into the territory; the) represent a danger to internal security or to public order; p) the applicant has been the subject of an enforceable decision of expulsion for serious reasons of public order and public safety, pursuant to national law; q) the applicant refuses to submit to compulsory registration of their fingerprints in accordance with Community law and procedure; r) the request has been submitted by an unmarried minor, pursuant to paragraph 6 of article 13, has been covered by previous request, when the request of the parents or parent responsible for the minor has been considered inadmissible and no new relevant elements have been presented about their particular circumstances or to the situation in your country of origin.

Article 20 jurisdiction to hear and decide 1-it is the national director of the service of foreigners and borders issue reasoned decision on the admissibility of the request within 20 days from the end of the period laid down in paragraph 2 of article 17 2-in the absence of a decision within the period laid down in paragraph 1, the request shall be deemed admitted. 3-the decision on the application for asylum is notified to the applicant and simultaneously reported to the UNHCR representative and the Portuguese Council for refugees.

21 Article 21 effects of inadmissibility of the application 1-the decision of inadmissibility of the application is notified to the applicant within 48 hours, with a statement that must leave the country within 20 days, on pain of immediate expulsion once this deadline, as well as the rights that you attend, in accordance with article following. 2-If the applicant does not comply with the provisions of the preceding paragraph, the service of foreigners and borders must promote the process with a view to your immediate expulsion, in accordance with the legal regime of entry, stay, departure and removal of aliens from the national territory.

Article 22 judicial review 1-the decision of the director of the Foreign Service and national borders is liable to judicial review before the administrative courts, within eight days, with suspensive effect. 2-the judicial decision is rendered within eight days. Section II requests submitted at the border article 23 special scheme 1-the admissibility of applications for asylum submitted in border crossings by foreigners who do not meet the necessary legal requirements for the entry into the national territory shall be subject to the arrangements laid down in the preceding articles with the changes listed in this section. 2-the officials receiving asylum seekers at border have proper training and adequate knowledge of the relevant standards applicable in the field of asylum and refugees.

22 article 24 examination of the application and decision 1-the service of foreigners and borders communicates immediately, the submission of asylum applications referred to in the previous article the representative of the UNHCR and the Portuguese Council for refugees, which can give an opinion within a maximum of 48 hours and to interview the applicant, if they wish. 2-within the time limit referred to in the preceding paragraph, the applicant is informed of his rights and obligations and declarations that are, for all intents and purposes, as the audience interested. 3-the provision of claims referred to in the preceding paragraph shall apply the provisions of article 16 4-national director of the service of foreigners and borders gives reasoned decision on the admissibility of the application within five days, but never before the period provided for in paragraph 1.

5-the decision provided for in the preceding paragraph shall be notified to the applicant with the information rights of judicial review that you watch and, at the same time, communicated to the representative of the UNHCR and the Portuguese Council for refugees.

Article 25 judicial review


1-the decision of the director of the Foreign Service and national borders is liable to judicial review before the administrative courts, within 72 hours, with suspensive effect. 2-the person concerned enjoys the benefit of legal protection, applying mutatis mutandis, the law No. 34/2004, of 29 July, on the arrangements for the appointment of an advocate of defendant for urgent steps, and may also request the speedy appointment of forensic representative, under conditions to be fix for protocol between the Ministry of internal administration and the Bar Association. 3-the judicial decision is rendered within 72 hours.

23 article 26 effects of application and decision 1-the applicant remains in the international area of the port or airport, while waiting for the notification of the decision of the director of the Foreign Service and national Borders, applying the procedures and other guarantees provided for in article 4 of law No. 34/94, of 14 September. 2-the temporary installation of unaccompanied or separated obeys to special conditions, in accordance with internationally recommended, in particular by UNHCR, UNICEF and the International Committee of the Red Cross. 3-Notwithstanding the preceding article, the decision of inadmissibility of the application determines the applicant's return to the point where it started your trip, if possible, to the State where he was issued the travel document with which you travelled or to another location in which may be admitted, in particular a safe third country. 4-the decision to request admission or during the period referred to in paragraph 4 of article 24 without has been notified the decision, determine the applicant's entry in the national territory, following the instruction of the asylum procedure, in accordance with the following articles.

Section III Granting asylum article 27 1-provisional residence permit the service of foreigners and borders issues a provisional residence permit in favour of persons covered by application for asylum that has been admitted, valid for a period of four months from the date of decision of the admission application and renewable for equal periods until final decision or , in the situation referred to in article 31, until expiry of the deadline established. 2-the model of the residence permit referred to in paragraph 1 shall be fixed by order of the Member of Government responsible for the area of internal affairs.

24 3-people who have been declared extended the effects of asylum must be mentioned in the applicant's residence permit, upon endorsement. 4-While the asylum procedure is pending, the applicant shall apply the provisions of this law and in the legal regime of entry, stay, departure and removal of aliens from the national territory.

Article 28 1 Statement-the Foreign and Frontiers Service shall carry out the steps required and find out all the facts of which knowledge is convenient for a fair and quick decision, competing him the statement of asylum procedures. 2-the period of instruction is 60 days, renewable for equal periods, up to a maximum of 180 days, when appropriate. 3-within the framework of the asylum procedures, the service of foreigners and borders can, if necessary, seek the opinion of experts on specific issues, namely, medical or cultural order. 4-During the statement, the representative of UNHCR or the Portuguese Council for refugees can join the process reports or information about their country of origin and information about the State of the process. 5-those involved in asylum procedures should keep professional secrecy with regard to the information to which they have access in the course of their duties.

Article 29-1 Decision Over the statement, the Foreign and Frontiers Service draws up a reasoned proposal for the granting or refusal of asylum. 2-the applicant is notified of the content of the proposal referred to in the preceding paragraph, and may give an opinion on the same within five days. 3-The proposal referred to in paragraph 1 is also to the representative of the UNHCR and the Portuguese Council for refugees, which may, in the same period, rule on your content.

25 4-After the expiry of the period referred to in the preceding paragraphs, the duly motivated proposal is posted to the national director of the service of foreigners and Borders, which presents the Member of Government responsible for internal administration within 10 days, accompanied by the opinions referred to in the preceding paragraph, if it has been issued. 5-the Member of Government responsible for internal administration decides within eight days from the date of the submission of the proposal referred to in the preceding paragraph. 6-the service of foreigners and borders shall notify the decision to the applicant, with reference to the right in accordance with article following and communicates it, at the same time, the representative of the UNHCR and the Portuguese Council for refugees.

Article 30 judicial review 1-the decision in accordance with the previous article is liable to judicial review before the administrative courts, within 15 days, with suspensive effect. 2-the judicial decision is rendered within 15 days.

Article 31 effect of refusal 1-In case of refusal of international protection, the applicant may remain in the national territory for a transitional period not exceeding 30 days. 2-the applicant is subject to the legal framework for entry, stay, departure and removal of aliens from the national territory from the end of the period laid down in the preceding paragraph.

26 article 32 termination of 1 procedure-the procedure is declared extinguished whenever the applicant expressly request or give up, because it is attributable, it is stopped for more than 90 days. 2-the Declaration of the procedure it is the entity that, in accordance with this law, decide the admissibility of the application or grant of the right of asylum. 3-even if the procedure is declared extinct under the preceding paragraph, the applicant presenting again the authorities have the right to request the reopening of the procedure, in this case resumed on stage at which it was interrupted.

Section IV article 33 subsequent application filing a subsequent application


1-the foreigner or stateless person which has been denied the right of asylum can, without prejudice to the deadlines set for the respective judicial review, submit a subsequent request, whenever you have new evidence to enable it to benefit from the right to international protection or when you understand that the reasons which motivated the ceased decision of inadmissibility or refusal of the application for asylum. 2-the subsequent application is directed to the service of foreigners and borders and must be accompanied by all supporting documents underlying the your presentation and the foreigners and Frontiers Service grant the claimant a reasonable period of time to present new facts, information or evidence. 3-the service of foreigners and borders informs the representative of UNHCR and the Portuguese Council for refugees as soon as submitted a subsequent application.

27 4-the Foreign and Frontiers Service carries out preliminary assessment of the application within ten days of your submission or the date of presentation of the elements that, in accordance with paragraph 2, have been requested to the applicant. 5-When the preliminary assessment result indications that the applicant fulfils the conditions to benefit from the right of asylum, the procedure follows the terms laid down in articles 27 et seq., and may be excused the conduct of due diligence of proof already produced in the previous process to make the applicant. 6-Case concludes that no new evidence was submitted to the national director of the service of foreigners and Borders gives decision of inadmissibility of the application, notifying the applicant of the reasons of the decision in the light of the outcome of the preliminary examination, as well as the possibility of judicial review before the administrative courts, in general terms and with merely devolutive effect. 7-When the applicant is on national territory, the notification of the decision referred to in the preceding paragraph should mention that must leave the country within 20 days, being subject to the legal framework for entry, stay, departure and removal of aliens from the national territory after the expiry of the said period, unless the applicant benefit from more favourable period by virtue of the provisions of this law.

Article 34 extensive application the provisions of sections I, II, III and IV of this chapter shall correspondingly apply to situations referred to in article 7 section V reinstallation of refugees 28 article 35 1 resettlement Request-requests for resettlement of refugees under UNHCR's mandate are presented to the Member of Government responsible for the area of internal affairs. 2-the Foreign and Frontiers Service ensures the necessary steps to conduct and decision of requests within 10 days. 3-the Portuguese Council for refugees is informed about the applications submitted and can issue opinions on the same within five days. 4-the Member of Government responsible for internal administration decides on the acceptance of the application for resettlement within 15 days. 5-acceptance of the application for resettlement grants to interested status identical to that provided for in Chapter VII.

CHAPTER IV Special Procedure for determining the State responsible for examining the application for asylum article 36 determining the State responsible where, in accordance with applicable international instruments, the need for the determination of the State responsible for examining a request for asylum lodged in a Member State of the European Union, organized a special procedure is regulated in accordance with the provisions contained in this chapter.

Article 37 applications for asylum lodged in Portugal 1-When there are strong indications that it is another European Union Member State responsible for taking or resumes the position of asylum seekers, in accordance with the provisions of Regulation (EC) No 343/2003 of 18 February the 29 Foreign and Frontiers Service calls on authorities to your acceptance. 2-take the responsibility by the requested State, the national director of the service of foreigners and borders gives, within five days, decision of transfer of responsibility which is notified to the applicant and notified to the representative of the UNHCR and the Portuguese Council for refugees. 3-the notification referred to in the preceding paragraph is accompanied by the delivery to the applicant of a safe conduct, the issue by the Foreign and Frontiers Service according to the model adopted by order of the Member of Government responsible for the area of internal affairs. 4-the decision of the director of the Foreign Service and national borders is liable to judicial review before the administrative courts within five days, with suspensive effect. 5-the judicial decision is rendered within five days. 6-In case of negative answer of the requested State to the request formulated by the Foreign and border service, in accordance with paragraph 1, the provisions of chapter III.

Article 38 implementing the decision to transfer the Service of foreigners and borders run the decision to transfer the applicant, where this does not leave voluntarily the territory.

Article 39 the Suspension period for the decision the statement of the procedure for determining the State responsible for examining the application for asylum is suspended until the final decision, the counting of the period laid down in paragraph 1 of article 20 and paragraph 4 of article 24 Article 30 40 applications for asylum lodged in another Member State of the European Union 1-it is the national director of the service of foreigners and borders decide about acceptance of responsibility of the Portuguese State for examination of applications for asylum lodged in other Member States of the European Union. 2-the decision provided for in the preceding paragraph is made within two months from the date of receipt of the application for acceptance formulated by the State where the applicant for asylum or the application for asylum was lodged. 3-in cases classified as urgent by the State where the application was lodged, the period referred to in the preceding paragraph is reduced to eight days.

Chapter V loss of right to international protection article 41 causes of termination, revocation, withdrawal or refusal to renew the right of international protection


1-the right of asylum ceases when the foreigner or the stateless person: a) Decide voluntarily avail himself of the protection of the country of nationality; b) having lost his nationality, recover your voluntarily; c) Get a new nationality and enjoys the protection of the country whose nationality acquired; d) Return voluntarily to the country he left or outside which he remained for fear of persecution; and continue to refuse) can not avail himself of the protection of the country of nationality, because they ceased to exist the circumstances under which it was recognized as a refugee; f) in the case of a stateless person, is unable to return to the country in which your habitual residence had, because they ceased to exist the circumstances under which it was recognized as a refugee. g) Leave voluntarily the territory, settling in another country;

31 h) expressly Renounces the right of asylum. 2-the foreigner or the stateless person ceases to be eligible for subsidiary protection when the circumstances that led to your granting have ceased or have changed to such a degree that protection is no longer required. 3-for the purposes of subparagraphs (a) and) and f) of paragraph 1 and in paragraph 2, the termination can only be declared if the foreigners and Frontiers Service concludes that the change of circumstances in the State of nationality or habitual residence of the beneficiary of the right to asylum or subsidiary protection is significant and lasting enough to ward off the well-founded fear of persecution or the risk of suffering serious harm. 4-the Foreign and Frontiers Service notifies the recipient of the beginning and of the outcome of the procedure, which can give its opinion within eight days and communicates it, at the same time, the representative of the UNHCR and the Portuguese Council for refugees, which may decide, within the same period. 5-is revoked, withdrawn or refused renewal of the right to asylum or subsidiary protection when the foreigner or stateless person: a) should have been or may be excluded from the right to benefit from the right to asylum or subsidiary protection, in accordance with article 9; b) Have misrepresented or omitted facts, including the use of false documents, to benefit from the right to asylum or subsidiary protection; c) Represents a danger to internal security; d) having been convicted by final judgment for common law felony punishable by imprisonment for more than three years, represents a danger to internal security or to public order.

Article 42 effects of loss of the right to international protection 1-the loss of the right to international protection based on paragraph 5 of the preceding article is cause for expulsion from the national territory, except as the result of the situations provided for in (a)) and b) of paragraph 1 of article 9 2-the loss of the right to international protection for the reasons set out in paragraphs 1 and 2 of the previous article determines the placing of your beneficiary to the legal framework of

32 entry, stay, departure and removal of aliens from the national territory, without prejudice to the next paragraph. 3-when the loss of the right to international protection does not constitute cause for expulsion from national territory, the person concerned may request the granting of a residence permit with exemption from the submission of the corresponding visa, in accordance with the legal regime of entry, stay, departure and removal of aliens from the national territory.

Article 43 Jurisdiction to declare the loss of the right to international protection and expulsion 1-without prejudice to the next number for the Member of Government responsible for the area of Internal Affairs, on a proposal from the director of the Foreign Service and National Boundaries, declare the loss of the right to international protection. 2-when the loss of the right to international protection constitutes cause for expulsion, the Court's decision, being applicable, mutatis mutandis, the provisions of law No. 23/2007, of July 4, relating to the imposition of the penalty of expulsion and accessory as judicial expulsion autonomous.

Article 44 judicial review the decision under paragraph 1 of the preceding article is liable to judicial review before the administrative courts, within eight days, with suspensive effect.

Article 45 the UNHCR Communications and the Portuguese Council for refugees are always informed about the situations referred to in article 43, to exercise its powers.

33 article 46 implementing the deportation order When occur judicial decision of expulsion is posted to Foreign Service certificate and borders, you must execute the deportation order it contained, giving inform the representative of UNHCR and the Portuguese Council for refugees.

Article 47 Prohibition to expel or repel the expulsion of the beneficiary of international protection, in accordance with article 42, cannot result in your placement in territory of country where your freedom stay on line for any of the causes that, in accordance with article 3, may constitute grounds for the granting of asylum or in any way violate the prohibition to expel and repel (principle of non-refoulement) in accordance with the international obligations of the Portuguese State.

CHAPTER VI status of asylum and subsidiary protection section I General provisions article 48 Effects of asylum and subsidiary protection on extradition 1-granting asylum or subsidiary protection shall prevent the follow-up of any extradition request of the beneficiary, founded on the facts on the basis of which international protection is granted. 2-the final decision on any extradition proceedings by the applicant that is pending shall be suspended while the application for international protection is under consideration in the administrative phase, either in the judicial phase.

34 3-for the purposes of compliance with the provisions of the preceding paragraph, the submission of the application for international protection is communicated by the foreigners and Frontiers Service to the entity where the relevant process within two business days.

Article 49 rights of applicants


1-Without prejudice to the provisions of the following articles, applicants for asylum or subsidiary protection enjoy the following guarantees: a) be informed immediately or when the request has been delivered through another entity, until five days after the registration of the application, in a language they understand, of the rights and the obligations to which they are subject regarding reception , in particular on: (i)) the timetable and means available for line of duty for the submission of relevant elements for examination of the application; II) the procedural formalities; III) organizations or groups of persons that provide specific legal assistance; IV) organizations that can support or inform regarding the available reception conditions, including health care; v) the consequences of any breach of the obligations and lack of cooperation provided for in the following article. b) to be informed about the decision on the admissibility of the application and its content, even if through legal representative if they did watch by a lawyer; c) Benefit, where appropriate, the services of an interpreter to assist in the formalization of the application and during its procedure; d) benefit from legal aid in accordance with the law. 2-Notwithstanding the provisions of subparagraph (a)) of the preceding paragraph, the service of foreigners and borders provides the applicant for asylum or subsidiary protection status a package leaflet in a language that he can understand, without prejudice of the same information can also be given orally.

35 3-there is an interpreter for the purposes of point (a) (b)) of paragraph 1 where the applicant does not meet or does not dominate the Portuguese language or in the cases specifically provided for in the criminal procedure law. 4-the 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-The lawyers or other consultants who represent the applicant for asylum or subsidiary protection status have access to information contained in your process, unless its disclosure endangers national security, the security of information sources or of the person to whom that respect or if you stay committed to examining the application or the international relations of the Portuguese State. 6-The lawyers or other consultants who represent the applicant for asylum or subsidiary protection status have access to forbidden areas, as places of detention or transit, in order to provide that due, and the counseling visits be limited since the parental control is provided for by law and is absolutely necessary for the security, public order administrative management of the area or to ensure an effective assessment of the application and such limitation does not restrict severely or would prohibit such access of counsel or other consultants who represent the applicant. 7-applicants for asylum or subsidiary protection may be accompanied, in providing the declarations referred to in article 16, of a legal adviser or other Counsellor, as well as representatives of UNHCR or the Portuguese Council for refugees without prejudice to their absence does not prevent the carrying out of this Act.

Article 50 Obligations of the applicant for asylum or subsidiary protection applicants for asylum or subsidiary protection must keep the service of foreigners and borders informed about your residence in Portugal and shall immediately communicate this service any change of address.

Section II provisions on reception conditions 36 Article 51 1-means of subsistence to applicants for asylum or subsidiary protection in situations of economic and social deficiency and the members of your family are granted social support for room and Board, in accordance with the legislation in force. 2-for the purposes of the preceding paragraph, the provision of accommodation, must be taken with the agreement of the applicant, the appropriate measures to maintain as far as possible family unity which is present in the national territory, in particular those laid down in points (a)) and b) of paragraph 1 of article 59 article 52 1-medical and drug is recognized to applicants for asylum or subsidiary protection status and their family members access to National Service of health, in accordance with the set by order of the members of the Government responsible for the areas of Internal Affairs and health. 2-the proof of submission of the application for asylum or subsidiary protection, pursuant to article 14, it is enough to control the quality of the applicant, for the purposes of the preceding paragraph. 3-For the purposes of this article, the health authorities may require, for reasons of public health, that applicants are subjected to a medical examination, in order to certificate that do not suffer from any of the diseases set out in the applicable instruments of the World Health Organization or other infectious diseases or contagious parasitic diseases subject to protection measures in national territory , whose results are confidential and do not affect the asylum procedure. 4-medical examinations and the measures referred to in the preceding paragraph should not be systematic. 5-particularly vulnerable is medical or other assistance that is required.

37 article 53 1-access to the minor children of applicants for asylum or subsidiary protection and applicants for asylum or subsidiary protection minors have access to the education system under the same conditions of nationals and other citizens for whom the Portuguese language is not their mother tongue. 2-the possibility of continued secondary education cannot be denied on the grounds that the minor has reached the age of majority.

Article 54 right to work


1-to applicants for asylum or subsidiary protection who has already been issued a temporary residence permit is provided access to the labour market, in accordance with general law, ceasing, from the exercise of paid employment, the application of the system of social support provided for in article 56 2-access to the labour market is prohibited only to applicants for asylum or subsidiary protection during the period between the submission of the application and the decision about your admissibility, unless the applicant is in possession of a residence permit or other residence in national territory enabling enabling it to exercise a professional activity, subordinated or not. 3-the period of interdiction of access to the labour market referred to in the preceding paragraph may not exceed 20 days from the date of submission of the application. 4-in the case of judicial review of a negative decision issued by a member of the Government responsible for the area of Internal Affairs, the right of access to the labour market remains up to the applicant to be notified of a court decision.

Article 55 programmes and measures of employment and vocational training-1 applicants for asylum or subsidiary protection status have access to programmes and measures of employment and vocational training under conditions to be laid down by the 38 ministries that oversee the area concerned, irrespective of whether or not access to the labour market. 2-access to vocational training relating to an employment contract shall be subject to the possibility for the applicant to have access to the labour market in accordance with the previous article.

Section III material reception conditions and health care article 56 1-social Assistance to applicants for asylum or subsidiary protection and their family members, who do not have sufficient means to allow your subsistence, are ensured material reception conditions, as well as healthcare established in this section with a view to ensuring the satisfaction of their basic needs in conditions of human dignity. 2-to applicants for asylum or subsidiary protection and members of your family are particularly vulnerable and to applicants for asylum or subsidiary protection in border posts are also ensured adequate material reception conditions, as well as appropriate health care. 3-for the purposes of paragraph 1 shall be deemed not to have sufficient means an applicant who lacks resources of any nature or of lower value to social support allowance determined in accordance with applicable law. 4-If it is proved that an applicant has sufficient resources may be required a contribution, in whole or in part, to cover the cost of the material reception conditions and health care. 5-If it is proved that an applicant had sufficient means to cover material reception conditions and health care at the time when these basic needs were provided, the competent authority may require the reimbursement.

39 article 57 1-grant modalities material reception conditions may be as follows: a) Accommodation in kind; b) feed on species; c) financial allowance of social support, with monthly character, for food, clothing, hygiene and transport; d) supplementary allowance for accommodation, with monthly character; e) supplementary allowance for personal expenses and transportation. 2-the accommodation and food in kind may be one of the following ways: a) in facilities compared to reception centres for asylum seekers, in cases where the request is presented in the frontier posts; b) installation Center for asylum-seekers or establishing equated to provide adequate living conditions; (c)) In private houses, flats, hotels or other premises adapted to accommodate asylum seekers. 3-Can be cumulated as follows: reception) room and Board in species with the supplementary allowance for personal expenses and transportation; b) Accommodation in kind or supplementary allowance for accommodation with the financial allowance of social support. 4-exceptionally and for a given period, may be material reception conditions different from those laid down in the preceding paragraphs, where: a) is required an initial assessment of the specific needs of applicants; (b)) in the geographical area where the applicant is not available material reception conditions provided for in paragraph 2; c) host capabilities available are temporarily exhausted; or 40 d) applicants for asylum or subsidiary protection are in detention in checkpoint that does not have similar facilities to reception centres.

Article 58 Amounts of subsidies The cash benefits referred to in subparagraphs (a) (c)) and d) of paragraph 1 of the preceding article shall be calculated by reference to the social assistance allowance provided for in the applicable legislation, and must not exceed the following percentages: a) pecuniary social support, with monthly character, for food, clothing, hygiene and transport, corresponding to 70% of the amount calculated; b) supplementary allowance for accommodation, with monthly character, corresponding to 30% of the amount calculated; c) monthly allowance for personal expenses and transportation, corresponding to 30% of the amount calculated.

Article 59 additional guarantees in respect of accommodation 1-the body responsible for granting the accommodation in kind, in the forms provided for in paragraph 2 of article 57, shall: a) Provide the protection of family life of the applicants; b) Provide, where appropriate, that minor children of applicants or applicants minors are lodged with their parents or with the adult family member responsible for them under the law; c) Ensure to applicants the possibility of communicating with your family or their legal representatives, as well as with representatives of UNHCR and of the Portuguese Council for refugees; d) take appropriate measures to prevent assaults within the premises and accommodation centres referred to in paragraph 2 of article 57 2-the transfer of applicants for asylum or subsidiary protection status of a housing facility to another take place only when such remedies


41 necessary for the good functioning of the process or to improve housing conditions. 3-transferred pursuant to paragraph 1 of this article is assured the possibility of informing the legal representatives of the transfer and your new address. 4-legal consultants or other applicants, the representatives of the UNHCR, the Portuguese Council for refugees and other non-governmental organizations activities in this area and as such are recognised by the State is ensured access to accommodation centres and other housing facilities in order to assist applicants for asylum or subsidiary protection and can only be fixed access restrictions if and when duly substantiated security grounds are concerned the centers and facilities, as well as applicants. 5-persons working in accommodation centres is given appropriate training, and the same subject to the duty of confidentiality in respect of information which has come to their knowledge in the performance of their duties.

Section IV a reduction or cessation of benefit reception conditions article 60 reduction and termination of benefit reception conditions 1-the social support ends with the final decision on the application for asylum or subsidiary protection, irrespective of the filing of the competent courts. 2-the cessation of support pursuant to the preceding paragraph shall not apply when, evaluated the economic and social situation of the applicant, be concluded by the need of your maintenance. 3-reception conditions can be totally or partially withdrawn if the applicant for asylum or subsidiary protection, unjustifiably:) leave the place of residence determined by the competent authority without informing the service of foreigners and borders or without the authorization required;

42 b) abandon your place of residence without informing the competent authority for the accommodation; c) fail to comply with their obligations to report; d) does not provide the information as requested or fails to appear in the individual interviews, when to do so is summoned; and concealed) their financial resources and therefore benefit unduly from material reception conditions. 4-If, subsequent to the cessation of reception conditions, the applicant is found or come forward voluntarily to the competent authorities, should be taken, based on the reasons of your demise, a reasoned decision regarding the restoration of the benefit of some or all of the reception conditions. 5-decisions concerning the reduction and termination of the benefit of reception conditions in the situations referred to in paragraph 1 shall be taken individually, objectively, impartially and must be substantiated. 6-the decisions referred to in the preceding paragraph shall be exclusively based on the particular situation of the person concerned, in particular with regard to particularly vulnerable people, taking into account the principle of proportionality. 7-the reduction or termination of benefits does not affect access to health care. 8-of the decisions referred to in paragraph 3 appeal pursuant to article 63 section V guarantees of effectiveness of host system article 61 1 Skills-it is the Ministry of Internal Affairs to ensure applicants for asylum or subsidiary protection status who are stranded in border crossings housing conditions and access to health care, as well as the satisfaction of the burdens inherent in the granting of material reception conditions until decision on the admissibility of the application, and can those be handled by other public or private entities 43 non-profit as defined in Protocol. 2-it is the Ministry of labour and Social solidarity to bear the burdens resulting from the attribution of the material reception conditions for applicants for asylum or subsidiary protection whose claim was admitted, until final decision about it, which may be provided directly by the Ministry or other public or nonprofit private which will celebrate Protocol. 3-it shall be the responsibility of the entities responsible for the national health service to ensure the access of applicants for asylum or subsidiary protection and members of your family to health care, in accordance with applicable law. 4-the access of children to education is guaranteed by the responsible bodies within the Ministry of education. 5-The decisions referred to in article 60 are the competence of entities responsible for providing material reception conditions provided for in this law.

Article 62 staff and resources authorities and other organisations referred to in the preceding article must provide to its employees basic training suited to the needs of applicants for asylum or subsidiary protection to both sexes.

Article 63 Guarantees 1-negative decisions relating to the granting of benefits under this law or decisions taken pursuant to article 60 individually affecting applicants for asylum or subsidiary protection are likely to exercise administrative and jurisdictional guarantees. 2-the procedures for access to legal assistance, in the cases referred to above, are governed by the law on access to justice.

44 article 64 cooperation of non-governmental organizations with the State 1-non-governmental organisations can collaborate with the State in carrying out the measures provided for in this law. 2-the collaboration of non-governmental organizations with the State in carrying out the measures relating to applicants for asylum or subsidiary protection referred to in the preceding paragraph, may be reflected in the Organization of information and voluntary work, legal assistance, providing support in the host and other forms of social support, through protocols or other means of reciprocal linking.

CHAPTER VII status of refugee and subsidiary protection article 65 rights and obligations of the beneficiaries of refugee status shall enjoy the rights and be subject to obligations of foreign residents in Portugal as they do not contradict the provisions of this law, the Geneva Convention of 1951 and the New York Protocol of 1967, fitting them, inter alia, the obligation to abide by the laws and regulations as well as the arrangements for the maintenance of public order.

Article 66 Information


At the time of notification of the granting of refugee or subsidiary protection status, the Foreign and Frontiers Service informs the beneficiary of the rights and obligations relating to its Statute, in a language that he can understand.

45 article 67 1-residence permit to beneficiaries of refugee status is granted a residence permit valid for the initial period of five years, renewable, unless compelling reasons of national security or public order prevent and without prejudice to the provisions of chapter v. 2-to beneficiaries of subsidiary protection status shall be granted a residence permit for humanitarian reasons valid for the initial period of two years renewable, upon examination of the evolution of the situation in the country of origin, unless compelling reasons of national security or public order prevent and without prejudice to the provisions of chapter v. 3-to members of the family of the beneficiary referred to in article following is issued a special residence permit of the same validity of beneficiary of asylum or subsidiary protection , which will be awarded by the Member of Government responsible for internal administration, with exemption of the requirements demanded by the legal regime of entry, stay, departure and removal of aliens from the national territory. 4-it is the national director of the service of foreigners and borders elaborate proposal based assignment and renewal of residence permits provided for in the preceding paragraphs. 5-it is the Member of Government responsible for the area of Internal Affairs, on a proposal from the director of the Foreign Service and national Borders, grant, with waiver of any fee, the residence permit provided for in this article, depending on the model established by order of the Government. 6-it is the Service of foreigners and borders issue supporting documents of residence to be allocated in accordance with this article.

Article 68 protection of family unit 1-the beneficiaries of refugee or subsidiary protection status are entitled to family reunification with the members of your family, as defined in the legal regime 46 entry, stay, departure and removal of aliens from the national territory. 2-the effects of asylum or subsidiary protection must be declared extended to members of the family referred to in the preceding paragraph. 3-the preceding paragraphs shall not apply in cases where the family member is excluded from refugee status or subsidiary protection status or lose under this law.

Article 69 1-travel documents to beneficiaries of refugee status may be issued, upon request, travel document in accordance with the provisions of annex of the Geneva Convention, which allows them to travel outside the national territory, unless compelling reasons of national security or public order otherwise require. 2-to beneficiaries of subsidiary protection status who demonstrably cannot obtain a national passport, can be issued, upon request of the parties concerned, Portuguese Passport abroad to allow them to travel outside the national territory, unless compelling reasons of national security or public order otherwise require. 3-the fee payable for the issue of such documents shall be fixed by order of the Member of Government responsible for the area of internal affairs.

Article 70 1-education access to minors granted refugee status or subsidiary protection is granted full access to the education system under the same conditions as national citizens. 2-the adults that have been granted the refugee status or subsidiary protection status is allowed access to the educational system in General, as well as to training, further training or retraining professionals, under the same conditions as national citizens.

47 3-with regard to existing procedures for the recognition of diplomas, certificates and other evidence of official foreign qualification is ensured equal treatment between beneficiaries of refugee or subsidiary protection status and their nationals.

Article 71 1-job access to beneficiaries of refugee or subsidiary protection status is assured access to the labour market, in accordance with general law, ceasing, from the exercise of paid employment, the application of the system of social support provided for in article 56 2-Are also provided to beneficiaries of refugee or subsidiary protection status employment-related education opportunities for adults , vocational training and practical workplace experience, under the same conditions of nationals. 3-apply the legal provisions regarding remuneration and other employment conditions.

Article 72 social Security beneficiaries of refugee or subsidiary protection status are subject to the legal provisions relating to the Social security system.

Article 73 1 health-care beneficiaries of refugee or subsidiary protection status and their family members have access to the national health service, under the same conditions as nationals. 2-are provided appropriate health care to beneficiaries of refugee or subsidiary protection status that integrate in groups of people particularly vulnerable under the same conditions as national citizens.

48 3-have special needs for the purposes of the preceding paragraph, pregnant women, the disabled, victims of torture, rape or other serious forms of psychological, physical or sexual violence, minors who have suffered any form of abuse, neglect, exploitation, torture, cruel, inhuman or degrading treatment or punishment or the effects of an armed conflict.

Article 74 Accommodation to beneficiaries of refugee or subsidiary protection status is assured access to accommodation, under conditions equivalent to those of foreigners legally residing in Portugal.

Article 75 freedom of movement in the national territory is guaranteed freedom of movement in the national territory to beneficiaries of refugee or subsidiary protection status, under the same conditions as those laid down for the foreigners who are legally resident in Portugal.

76 integration programs


In order to facilitate the integration of refugees and beneficiaries of subsidiary protection in Portuguese society, integration programmes should be promoted by the competent authorities.

CHAPTER VIII provisions common to the statutes of applicants and beneficiaries of subsidiary protection and asylum 49 article 77 Provisions relating to persons particularly vulnerable 1-in the provision of the material reception conditions and health care, is taken into account the situation of persons who are particularly vulnerable, in accordance with the following articles. 2-at the time of submission of the application for asylum or subsidiary protection or at any stage of the procedure, the competent authority must identify the people whose special needs must be taken into account, as provided for in the preceding paragraph.

Article 78 1 Minor-in the application of this law, shall be taken into consideration the best interests of the child. 2-for the purposes of the preceding paragraph, it is considered to be the best interests of the child, namely: a) your placement with their progenitors, suitable; or, in the absence of these, b) your placement with relatives, suitable adults; or, in the absence of these, c) In host families, in specialised centres for accommodation for minors or places which have policies to that end; d) separation of fraterias; and) the stability of life, with changes of place of residence limited to a minimum. 3-the competent authorities of the public administration shall ensure that minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman or degrading treatment or punishment or of armed conflict have access to rehabilitation services, as well as adequate psychological assistance, providing, if necessary, qualified support.

Article 79 50 unaccompanied minors 1-without prejudice to the tutelary measures applicable under the legislation of juvenile tutelage, minors who are applicants for or recipients of asylum or subsidiary protection, can be represented by entity or non-governmental organization or any other form of legally permitted representation. 2-the needs of minors must be taken into account by their guardian or designated representative, being subject to periodic evaluation by the competent authorities and their views should be taken into account, depending on your age and degree of maturity. 3-for the purposes of the preceding paragraphs shall apply to unaccompanied minors the rules contained in the preceding article, since they are allowed to enter the national territory until such time as they have to leave. 4-unaccompanied minors, aged 16 years or over, can be placed in reception centres for adult asylum seekers. 5-With the aim of protecting the unaccompanied minor's best interests, the service of foreigners and borders, in conjunction with other entities involved in the procedure and the Ministry of Foreign Affairs, should make every effort to find the members of your family. 6-in cases where the life or physical integrity of a minor or its close relatives are at risk, particularly if they stayed in the country of origin, the collection, processing and dissemination of information concerning those persons is undertaken on a confidential basis, to avoid compromising your safety. 7-the staff working with unaccompanied minors shall have adequate training to the needs of minors and is subject to the duty of confidentiality in respect of information that becomes aware in the course of their duties.

Article 80 victims of torture or violence To persons who have been victims of acts of torture, rape or other serious acts of violence are ensured special treatment suited to damage caused by 51 acts referred to, in particular through the special attention and follow-up by the respective District center of the Institute of Social Security, I. P. and health services or of entities with this have concluded protocols support.

Article 81 voluntary repatriation assistance may be provided to applicants and beneficiaries of asylum or subsidiary protection showing willingness to be repatriated, in particular through voluntary return programmes.

CHAPTER IX final provisions article 82 1 Notification Form-notifications to the applicant are made personally or by registered letter with acknowledgement of receipt, to send to your last known address. 2-in the case of the letter be returned, should such be immediately reported to the UNHCR representative and the Portuguese Council for refugees, considering the notification if the applicant fails to appear in the service of Foreigners and borders within 20 days after the date of such return.

Article 83 Charge and urgent nature of the processes or processes of loss of the right to asylum or subsidiary protection and expulsion are free and have urgency, either on stage or in the administrative court.

52 Article 84 Simplification, dematerialization and identification are applicable, mutatis mutandis, the provisions of article 212.º of law No 23/2007, of July 4, relating to simplification, dematerialization and identifying people.

Article 85(1) Interpretation and integration the precepts of this law should be interpreted and integrated in harmony with the Universal Declaration of human rights, the European Convention on human rights, the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967.

Article 86 of law No. 67/2003, of 23 August the provisions of this law shall not affect the legal regime laid down in law No. 67/2003, of 23 August.

Article 87 Standard set Are repealed the law No. 15/98 of 26 March, and no. 20/2006, of 23 June.

Article 88 entry into force this law shall enter into force 60 days after the date of your publication and shall apply to asylum applications pending.

Seen and approved by the Council of Ministers of 12 December 2007 53 Prime Minister the Minister of Parliamentary Affairs Minister Presidency