LOCATIONS OF DETENTION

Map of detention centres in Portugal

There are two types of detention centres in Portugal:

1. Unidade Habitational de Santo António (UHSA), located in Porto.  It is a "temporary installation centre", otherwise known as a CIT.  It is managed by the Aliens and Borders Service (SEF), and falls under the authority of the Ministry for Internal Affairs.  Opened in 2006, the UHSA has a capacity to accommodate 30 adults and six children.  This centre will soon be replaced by a new one located in Lisbon (still under construction).
2. Transit detention centres, located at the airports in Porto, Lisbon, Faro, Funchal and Ponta Delgada (Azores islands).  These CITs are used for the short-term detention of of migrants and asylum seekers who arrive at the airport border zones without the appropriate documentation.  Foreigners in these situations are typically detained for one to five days.

NATIONAL LEGISLATION

Portuguese law distinguishes between asylum seekers and irregular migrants.  Main legislation is as follows:

• Act no. 27/2008 of 30th June 2008, on the conditions and procedures for granting asylum or subsidiary protection and the status of asylum, refugee and subsidiary protection to applicants, transposing EU Directives 2004/83/EC and 2005/85/EC (http://www.sef.pt/portal/V10/EN/aspx/legislacao/index.aspx?id_linha=4212&menu_position=4134#0)
• Act no. 23/2007 of 4th July 2007, on the legal framework of entry, permanence, exit and removal of foreigners into and out of the national territory (http://www.sef.pt/portal/V10/EN/aspx/legislacao/index.aspx?id_linha=4191&menu_position=4133#0)
• Decree law no.85/2000 of 12th May 2000, on the creation of equivalent spaces in the Portuguese airports to temporary installation centres (http://sites.google.com/site/leximigratoria/)
• Council of Ministers resolution no. 76/97 of 14th May 1997 on guidelines for the situation of passengers waiting for reference and applicants for political asylum, on the provision of legal and social support and security in the national territory (http://sites.google.com/site/leximigratoria/legisp%C3%A9dia-sef/links)
• Act no. 34/94 of 14th September 1994, o the regime for accommodating aliens or stateless persons in temporary accommodation centres (http://sites.google.com/site/leximigratoria/legisp%C3%A9dia-sef/links)
• Act 115/2009 of 12th October 2009, approving the code of execution of sentences and in custody (http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_articulado.php?nid=1147&tabela=leis)

LEGAL GROUNDS FOR DETENTION

In principle, asylum seekers are not detained.  They are free to move and stay wherever they want to.  Those who do not wish to stay in an open reception centre must have accommodation on their own. Asylum seekers must present themselves to the authorities whenever asked and provide information on their whereabouts.  The only detention-like procedure provided for in law is a special procedure for asylum claims presented at the borders by aliens who do not meet the legal requirements for entry into the Portuguese territory.  Persons who apply for asylum after having been detained for being in an irregular situation remain in detention during their asylum procedure.

Irregular immigrants can be detained.  Such persons are typically given a 10 to 20 day period to voluntarily leave the country.  Should they be in non-compliance with this order, they risk arrest by the police and are brought before a criminal court.  The judge must decide, within a 48-hour period, whether the person should be released or sent to a detention facility.

DURATION OF DETENTION AND REMOVAL

Persons who apply for asylum at the borders may be detained for a short period of time, typically one to five days.  The national director of the Aliens and Borders Service (SEF) must make an admissability decision within five working days.  An appeal may be made against this decision within 72 working hours; a final decision on the appeal must be reached within another 72 working hours.  In practice, persons who are denied asylum at the borders are quickly removed from the territory.  Persons who apply for asylum within the territory and receive a final negative decision then become irregular immigrants, subject to detention if they do not voluntarily leave the territory.

The time period of detention for irregular migrants is 60 days.  If the migrant has not been removed within that time period, s/he must be released.  

AIRPORT/TRANSIT ZONES

Temporary installation centres (CITs) exist at the major airports.  These areas are used for the short-term detention of persons who apply for asylum at the border and do not have the appropriate documentation for entry into the territory.  Persons who do not apply for asylum but nonetheless do not have the necessary documentation for legal entry are also detained at the airport transit zones.  Detention periods for asylum seekers and irregular migrants in the airport transit zones are typically from one to five days.

DETAINEES

JRS-Portugal is present in the UHSA detention centre in Porto.  In an agreement with the Ministry of the Interior and the International Organization for Migration, JRS-Portugal has a permanent presence with the UHSA and full access to all of the detainees.  JRS provides social, legal and psychological support to detainees who need it.  JRS workers also identify vulnerable detainees and provide specialised services towards them.  JRS' work in the UHSA is completely autonomous from the mandate and activities of the state authorities.

JRS-Portugal also manages the Pedro Arrupe Accommodation Centre in Lisbon.  This open centre houses vulnerable irregular migrants and/or those waiting for the process of regularisation.  Occupants may also be asylum seekers waiting for a final decision on their application.  Persons who have received a final negative decision on their asylum application may also stay in this house.  

INFORMATION FOR DETAINEES AND LEGAL AID

Detainees have the right to be informed about the reasons for their detention.  They are entitled to use the services of an interpreter, paid by the state, at hearings preceding and during detention.  

HEALTH CARE

Detainees in the UHSA have the right to health care, including access to the National Health Service in the same manner as Portuguese citizens.

CONTACT WITH THE OUTSIDE WORLD

Detainees in the UHSA can receive visits from whomever they wish.  They may use the telephone, include personal mobile telephones (at designated times).  

Last updated on: 04/11/2010