Portuguese Supreme Court Enforces AIMA's 90-Day Deadline for Residency Permits

The Supreme Administrative Court has ruled that the Agency for Integration, Migration, and Asylum (AIMA) must provide the final decision regarding pending applications within the legal deadline of 90 working days, thereby fulfilling their legal obligations and all expectations created. 

This pivotal decision, rendered by the Supreme Administrative Court on June 6th 2024, marks a significant development by clarifying the interpretation given on the matter. 

The new Agency for Integration, Migration and Asylum (AIMA) inherited an overload of pending residency applications from the previous immigration office Foreigners and Borders Service (SEF) has not been able to promote a closure for all the applicants that have been waiting for several months and years to obtain their residency permit. 

With this recent decision, the migrants' right to take legal action against AIMA has been reinforced. They can present to the court, along with the non-compliance of the legal timeline, the reasons why their situation requires an urgent decision. 

Previously, a legal ambiguity existed in this process, leaving it solely dependent on each judge’s perception of the case and its specific justifications for the need for an urgent decision. 

This Supreme Administrative Court’s ruling plays a major role in the recognition by judicial entities of the direct correlation between the failure to comply with mandatory deadlines to promote decisions on ongoing authorisation requests and the difficulties and uncertainty generated in applicants by the immigration office’s non-compliance. 

This prolonged wait for an indefinite period of time does not promote the effective personal and professional stability of the applicants, but rather facilitates and contemplates, albeit indirectly, an immigration system that violates the rights, freedoms and guarantees of the applicants and undermines the basic principles of a democratic state governed by the rule of law. 

It is crucial to understand that the administrative legal procedures pertaining to immigration are inherently complex. Consequently, AIMA cannot be mandated to issue or implicitly approve residence permits. However, the courts can enforce compliance with deadlines, and failure to do so may result in financial penalties.

This landmark decision can represent one of the awakening calls to the immigration system and its representatives, reflecting the need and obligation to comply with the law, thus creating sincere expectations for all current and future immigrants in our country by promoting a change within the court’s themselves to acknowledge those rights.

In addition to the legal system measures, the Portuguese government has unveiled a new action plan for migrants, signalling an all-encompassing approach towards immigration. The plan not only focuses on regulating immigration procedures but also emphasises the integration of migrants and the attraction of foreign talent. This highlights Portugal's comprehensive and progressive vision for immigration, which acknowledges the valuable contributions of diverse perspectives in fostering scientific, economic, and technological advancements within the country.

If you require assistance with your immigration process and procedures in Portugal, please do not hesitate to contact us. Our dedicated team is ready to provide you with the support you need.