Immigrants denied residence by AIMA may be sent away from Portugal

Experts say that, to prevent it from reaching this point, immigrants must appeal administratively, or even judicially.

Immigrants whose applications for residence permits in Portugal have been denied by the Agency for Integration, Migration, and Asylum (AIMA) may be formally invited to leave the country voluntarily. This measure, according to experts consulted by PÚBLICO Brasil, is seen as the final—and unfortunate—stage of the process. António Leitão Amaro, Minister of the Presidency of the Council of Ministers, reported that during the first three months of the task force launched at the Hindu Center in Lisbon, 221,000 applications were reviewed, of which 108,000 were denied. The primary reason for these refusals was the non-payment of mandatory fees, such as the biometric fee.

The voluntary departure letter is a mechanism used by the government to address individuals who are in the country irregularly. Lawyer Catarina Zuccaro explains that all immigrants who fail to overturn AIMA's negative decisions are placed on a list of individuals who may be formally invited to leave Portuguese territory. “Those who receive this notification have 20 days to leave Portugal,” she states. If this invitation is not honored, the government may adopt more stringent measures, such as deportation.

However, there are ways to avoid such drastic actions, as Catarina explains. One option is to challenge AIMA’s decisions, either administratively or through the courts. Thus, the 108,000 immigrants whose applications were denied can request a review of their cases, including the payment of mandatory fees. However, it is critical for applicants to act swiftly, as delays in reconsideration requests increase the likelihood of the negative decision becoming final. “Many are already being notified to resolve pending issues, particularly related to missing documents,” Catarina notes.

Lawyer Larissa Belo stresses that accepting AIMA's denial without questioning it is not advisable. According to her, the Administrative Process Code (CPA) requires that any administrative decision must be formally communicated to the individuals involved, explaining the reasons for the refusal. This notification must be sent to the addresses registered by the applicants, and its receipt must be formalized with a signed acknowledgment, known as the “pink slip.” This document is essential for substantiating appeals against AIMA’s decisions. Deadlines to challenge the denials range from 30 business days to three months, depending on the specific case.

Larissa also advises immigrants to take proactive measures to prevent potential issues in their applications. “If someone did not pay a fee because they did not receive the notification, they should send a registered letter to AIMA requesting clarification on which address the notice was sent to. Upon receiving this correspondence, an agency official must sign a receipt, which will serve as evidence to appeal the decision,” Larissa highlights, recommending this as a preventive strategy.

The lawyer points out that one recurring issue is the use of third-party addresses when registering expressions of interest, which often leads to notifications being misplaced. Additionally, Larissa notes that due to the lack of a clear government campaign about the need to pay fees, many individuals who received payment notices ignored them, believing them to be scams, a common occurrence in the digital age. “It is essential for those who feel harmed to formally challenge AIMA's decisions,” she emphasizes.

Attorney Alfredo Roque, from VE Consulting, believes that a significant portion of the 108,000 denials could have been avoided if the staff at AIMA’s support centers had greater autonomy. According to him, these centers have been functioning solely as document collection points, and the employees working there lack the authority to verify whether the applications are complete and meet the agency's requirements. “The flaws are only detected later, during the internal review by AIMA staff,” Alfredo explains.

Catarina Zuccaro shares this perspective, adding that despite efforts to reduce the backlog of over 400,000 cases, immigrants continue to be affected by deficiencies in the service. “Many of the issues with documentation could be resolved directly at the support centers if the staff were better prepared and had more autonomy,” she criticizes. Given this reality, Catarina underscores the importance of appealing the denials to avoid more severe consequences, such as being notified to leave Portugal voluntarily.

FONTE:JORNAL PÚBLICO