legal and social conditions for asylum seekers and refugees in ...

consideration is taken for minors or vulnerable persons and asylum seekers have not access to
bathrooms.
In accordance with the provisions of the Asylum Act, the Portuguese Refugee Council must be
informed of all application for asylum submitted at the border and has access to all applicants
held at the airport.
Rejected asylum seekers who have not left the country voluntarily within the required time limit,
i.e. either ten or 30 days, are dealt with under the provisions of the Aliens Act. Being considered
as illegal, they risk being arrested by the police and brought before a criminal court. After 48
hours, the judge decides whether to release the person or extend his/her detention. Generally,
because most asylum seekers do not work or have family ties in Portugal, judges decide to keep
them in detention. However, detention must be limited to the time necessary to enforce the
expulsion and may not exceed 60 days.
Applications from abroad
In principle, it is not possible to apply for asylum in Portugal from abroad. In a limited number of
cases however, applications submitted from abroad were admitted and the persons concerned
transferred to Portugal, where the claim was processed. Most of these cases concerned highprofile
persons.
Family reunification
Recognised refugees
Both Convention and constitutional refugees are entitled to family reunification. According to
Section 4 of the Asylum Act, the effects of asylum are extended to their spouse, minor children,
fostered/adopted or disabled children, and their dependants. This means that family reunification
(and refugee status) can only be granted to parents or siblings if they are dependants of the
refugee.
A request for family reunification can be made together with the submission of application for
asylum. Later requests should be filed with the Aliens and Border Service. Relatives can also
submit a request through UNHCR in their country of origin.
Documentary evidence is required in order to prove family ties (for example, birth or marriage
certificates of family members). Assistance with tracing of family members is given by combined
efforts of UNHCR and the Red Cross as well as the Portuguese Refugee Council, which has an
informal role during the process, providing information to family members.
According to the Asylum Act, if the legal requirements are fulfilled, family reunification must be
granted. The time required to process an application for family reunification is between six
months and one year. There is no financial assistance with travel costs.
Family members reunited with a refugee in Portugal are given the same refugee status or,
alternatively, an exceptional residence permit.
Negative decisions may be appealed to the Minister of Home Affairs and further to the
Administrative Court.
Persons with other types of residence permits
Persons holding a residence permit for humanitarian reasons or those having an exceptional
residence permit for national interest or humanitarian reasons are also entitled to family
reunification, in accordance with Sections 56–58 of the Aliens Act.
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Portugal