Refugee Status and Subsidiary Protection in Portugal: What is the procedure?

For many individuals, leaving their country of origin is not a matter of choice, but a necessary step to safeguard their life, liberty or physical integrity.

Armed conflicts, political persecution, gender-based violence, religious discrimination, persecution based on sexual orientation or gender identity, and other serious human rights violations continue to force millions of people worldwide to seek safety beyond their national borders.

Portugal provides a legal framework designed to respond to such situations through its international protection system, currently governed by Law No. 27/2008 of 30 June (the Portuguese Asylum Act), as amended.

Although the right to seek asylum is a fundamental human right recognised under both Portuguese and international law, the asylum procedure is often far from straightforward. The interaction between domestic legislation, European Union law and international refugee law may give rise to complex legal and procedural issues for those seeking protection in Portugal.

This article provides an overview of the Portuguese international protection framework, explaining the distinction between refugee status and subsidiary protection, as well as the key stages of the asylum procedure.

It should be noted, however, that at the time of publication, a Government bill proposing amendments to the Portuguese asylum and international protection framework is currently under consideration before the Portuguese Parliament. Whilst the proposed reforms may lead to significant changes in the future, the legislative process remains ongoing, and the proposed amendments have not yet entered into force. 

Accordingly, this article reflects the legal framework currently applicable in Portugal.

1. Portugal's International Protection Framework

International protection in Portugal is governed by Law No. 27/2008 of 30 June (the Portuguese Asylum Act), as amended, most recently by Law No. 53/2023 of 31 August.

The legislation incorporates Portugal's obligations under the 1951 Geneva Convention Relating to the Status of Refugees; the 1967 New York Protocol; the Common European Asylum System; and the Charter of Fundamental Rights of the European Union.

The Portuguese legal framework recognises two principal forms of protection: Refugee Status; and Subsidiary Protection. 

Whilst both provide protection against return to a country where serious harm may occur, they are based on different legal criteria.

1. The refugee status

Refugee status remains the cornerstone of international protection.

Under Article 3 of the Portuguese Asylum Act, a person may qualify as a refugee where they have a well-founded fear of persecution based on:

• Race or ethnicity; 
• Religion;
• Nationality;
• Political opinion; or 
• Membership of a particular social group. 

Importantly, Portuguese law does not require persecution to have already occurred. International protection may be granted where there is a genuine and well-founded risk that persecution would occur if the applicant were required to return to their country of origin.

It is equally important to note that an applicant need not actually possess the characteristic that gives rise to persecution. Consistent with Portuguese law and international refugee jurisprudence, it is sufficient that the persecutor attributes a protected characteristic to the applicant and targets them on that basis.

1. The subsidiary protection

Not every individual fleeing danger falls within the legal definition of a refugee.

In some cases, the risk arises from armed conflict, indiscriminate violence or the collapse of state institutions, rather than from individualised persecution linked to one of the Convention grounds.

In such circumstances, an applicant may be eligible for subsidiary protection. Whilst this form of protection has been harmonised at European Union level, it is also rooted in international human rights obligations and the principle of non-refoulement, which prohibits the return of individuals to territories where they face serious harm.

Under Portuguese law, subsidiary protection may be granted where there are substantial grounds for believing that the applicant would face a real risk of suffering serious harm if returned to their country of origin.

Serious harm includes:

• The death penalty or execution; 
• Torture or inhuman or degrading treatment; 
• Serious and individual threats to life or physical integrity arising from indiscriminate violence during armed conflict. 

Subsidiary protection is therefore particularly relevant for individuals fleeing war zones, severe political instability or humanitarian crises.

1. Who can apply for international protection in Portugal? 

Any foreign national or stateless person may apply for international protection in Portugal. Importantly, an individual's immigration status does not prevent them from seeking protection.

Applications may be lodged upon arrival at a Portuguese border or after entry into Portuguese territory.

Responsibility for examining international protection claims currently lies with Agência para a Integração, Migrações e Asilo (AIMA).

The right to asylum also enjoys constitutional protection under Article 33 of the Portuguese Constitution, which expressly recognises asylum as a fundamental right available to foreign nationals.

1. What happens after an application is lodged?

Once an application has been submitted, the applicant formally becomes an asylum seeker and acquires a number of important procedural rights.

At this stage, applicants are generally entitled to remain in Portugal pending a decision; receive interpretation assistance; obtain legal information and legal aid; access healthcare; benefit from reception conditions and social support. 

At the initial stage of the procedure, the authorities collect identification data and verify whether the applicant has previously lodged an asylum claim in another European Union Member State. This phase, commonly referred to as the admissibility stage, aims to determine whether Portugal is responsible for examining the application.

Under Portuguese law, this stage should generally be concluded within seven days for applications lodged at the border; and thirty days for applications lodged within Portuguese territory. 

During this period, AIMA assesses whether the application should proceed to the substantive examination phase or whether any grounds of inadmissibility (Article 19-A) or accelerated processing apply (Article 19).

1. The personal interview

For most applicants, personal interviews are the decisive moment in the asylum process.

During the interview, applicants are invited to explain:

• Why they left their country of origin; 
• The risks they fear if returned; 
• Any incidents of persecution or serious harm suffered; 
• The evidence supporting their account. 

The outcome of the application will depend not only upon the facts presented, but also upon the consistency, credibility and plausibility of the applicant's account when assessed against available country-of-origin information.

Experience shows that many well-founded claims encounter difficulties not because protection is unavailable, but because key facts have not been adequately explained or documented. This is particularly common in cases involving trauma, sexual violence, gender-based persecution or persecution related to sexual orientation.

Whenever possible, applicants should prepare carefully for the interview, gathering relevant documentation and identifying the key facts supporting their claim. The level of detail and consistency of the applicant's account may play a significant role in the assessment of credibility.

1. What Happens If the Application Is Admitted?

Where an application is admitted, the procedure moves to the substantive examination stage.

At this point, AIMA issues a temporary residence permit valid for six months, renewable until a final decision is reached.

Portuguese law establishes a six-month examination period, which may, in particularly complex cases, be extended up to nine months.

Applicants must be informed of any extension and may request information regarding the reasons for the delay and the expected timeframe for a decision.

Whilst these statutory deadlines provide an important procedural framework, the actual duration of proceedings may vary considerably depending on the complexity of the case, the volume of pending applications and the administrative resources available.

1. What happens if protection is granted?

Where international protection is granted, beneficiaries acquire a range of rights designed to facilitate their integration into Portuguese society.

These rights generally include a residence permit (valid for five years in the case of refugee status and three years in the case of subsidiary protection); access to employment; access to the National Health Service; access to education; access to social security.

In many cases, beneficiaries may also apply for family reunification, enabling eligible family members to join them in Portugal.

Beneficiaries of international protection also enjoy protection against removal to any country where they would face persecution or serious harm, in accordance with the principle of non-refoulement.

1. What if the application is refused?

A refusal does not necessarily mark the end of the process. Negative decisions may be challenged before the Portuguese Administrative Courts.

Judicial review is particularly important where concerns arise regarding the assessment of evidence; procedural irregularities; failures to consider relevant country-of-origin information; or risks of violations of the applicant's fundamental rights. 

1. Final Remarks

In an international environment increasingly shaped by armed conflicts, political instability and significant human rights challenges, international protection mechanisms play a fundamental role in safeguarding the dignity, freedom and security of individuals who are forced to leave their countries of origin or habitual residence.

Portugal's asylum and international protection system provides a comprehensive legal framework for those in need of protection. However, the practical application of that framework often involves complex legal and evidential issues, requiring careful preparation and a sound understanding of national, European and international legal standards.

For this reason, obtaining legal advice at an early stage of the procedure can often prove essential to ensuring that an applicant's rights are fully protected and that their claim is presented as effectively as possible.

Disclaimer: This article is intended for general information purposes only and does not constitute legal advice. Specific legal advice should be obtained in relation to individual circumstances.