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307
PORTUGAL
Is perceived as a threat to national or European security; or
Is an unaccompanied minor under the age of 18, without an appropriate adult to be responsible
for him/her during his/her stay in Portugal.
Expulsions from within the Territory
Once inside the country, Article 99(1) of the 1998 Aliens Act provides that foreign nationals will
be expelled from the country when:
They enter or stay illegally in Portugal;
They act in a manner contrary to national security, public order or public morality;
Their presence or activities in the country constitute a threat to the interests or dignity of the
state or its nationals;
Their behaviour is an affront to the right of national citizens to participate in politics; or
They have committed acts, which if previously known by the authorities, would have prevented
their entry into Portugal.
Other Reasons for Expulsion
Other circumstances in which a foreign national may face expulsion include when his/her application
for asylum has been refused, the right to asylum has expired or the individual has been
convicted of a malicious crime.
In the case of an inadmissible application for asylum, Article 15 of the 1998 Asylum Act provides
that the applicant should be notified of this decision within 24 hours and the possibility of
appeal, after which the individual concerned has an obligation to leave the country within ten
days. Failure to comply with this order will lead to immediate expulsion.
An appeal against this decision must be lodged with five days of the notification, which automatically
suspends the expulsion order. The application will be re-examined within 48 hours
and if considered admissible the applicant will be granted a renewable residence permit for
60 days until a decision has been made.
According to Article 25 of the 1998 Asylum Act, once a final rejection has been made on the
merits of the case, the asylum seeker has an obligation to leave the country within 30 days, after
which they may be liable to be expelled.
All foreign nationals whose right to remain in Portugal is based on a grant of asylum, are liable
to be deported when this right expires. However, such persons may also apply for a normal
residence permit, especially if the expiration is due to changes in the home country. Where the
cessation of a grant of asylum is brought to light as a result of illegal activities, such as the illegal
interference with politics in Portugal, activities which may threaten security or public order, or
jeopardize foreign relations, or acts contrary to United Nations principles or treaties to which
Portugal is a party, the individual is liable to immediate expulsion. 3