President puts into effect the regulation on foreigners and asylum

President António José Seguro enacted the Parliamentary decision on August 31, which provides for changes in the admission, stay, return processes and asylum rules of foreigners.

The Constitutional Court unanimously decided that the 11 provisions subject to the President's review request were not contrary to the Constitution.

Portuguese President António José Seguro put into effect the foreigners and asylum regulation adopted by the Parliament on August 31.

Regulation according to the Presidential statement; It includes changes in the rules regarding the admission, entry, stay, departure and removal of foreigners and stateless persons, as well as asylum and secondary protection procedures.

Seguro had previously requested that the constitutionality of some provisions in the Parliament's decision be examined through preventive review. The President's application was based on concerns, in particular, about the best interests of children and the proportionality of the period when foreigners who have not committed a crime are deprived of their liberty by administrative decision.

In its decision on August 28, the Constitutional Court did not find any unconstitutionality in terms of the 11 provisions examined. This decision is not a blanket political endorsement of the regulation as a whole; It is the result of constitutional review of the articles sent by the President for review.

It is stated that the new regulation aims to comply with the rules within the framework of the European Union's Migration and Asylum Pact. However, which change will be implemented and when in terms of individuals' residence permit, family unity, asylum application, removal from the country or detention in temporary reception centers will be clarified with the final text and effective article of the law to be published in the Official Gazette.

For this reason, the President's enactment and the actual implementation of the regulation should not be considered the same stage. In the sources examined, the exact text of the new law published in the Official Gazette has not yet been found.

Practical knowledge

Those who have a personal file regarding residence, family reunification, asylum or return process should not take action based solely on news headlines. The text to be published in the Official Gazette, AIMA announcements and, when necessary, the evaluation of a lawyer competent in the field of immigration law should be followed. Official notifications from AIMA should be taken as basis for an existing appointment or process.

Sources reviewed

The Portugal News news text

Presidency – statement on the implementation of the foreigners and asylum regulation

RTP – Constitutional Court's decision on 11 provisions

Parliamentary Resolution 105/XVII – text of the regulation