The return will be centralised in the future National Unit for Foreigners and Borders (UNEF), of the PSP, which should “ensure the functioning of the system under a permanent availability regime”, according to the working document that supported the proposals presented today by the Government to the National Council for Migration and Asylum (CNMA).

The legislative initiative for this unity was defeated in parliament in September, with the abstention of IL and votes against from other opposition countries.

"This proposal was rejected by the votes of the Socialist Party and Chega, who joined forces to block the Government's action in this important change to the country's immigration policy", states the executive's proposal. To ensure cooperation with countries of origin, it is planned to sign "bilateral agreements" and "broaden the definition of country of return - to allow the return to a third country with which an agreement exists" of this type, with "respect for the fundamental rights of the people involved, excluding unaccompanied minors and families with minors". The previous Government closed the Foreigners and Borders Service (SEF) and created the Agency for Integration, Migration and Asylum (AIMA), with the latter being responsible for "instructing and deciding on processes for the return of citizens in an illegal situation, a clearly operational and police task", says the government's proposal presented today to the CNMA, which proposes a "fast, effective and balanced system for the return of illegal immigrants".

The document says that, when this Government took office, “the removal of foreign citizens in an irregular situation had the lowest rates among the Member States” and “Portugal executed only around 5% of return decisions”, which were also a small number.

Furthermore, the guardianship recalls that Portuguese law provides for “possibilities of delay and obstruction of the effectiveness of return decisions, in the administrative and judicial spheres, abundantly used in clear abuse of rights”.

“Faced with this inherited situation, the Government understood that it was necessary to reinforce immigration regulation, control entry at borders more rigorously and carry out the removal of those who do not have the right to remain in the country.”

In March, the European Commission established “a common system for the return of third-country nationals” and the Portuguese Government considers that “it is also essential to resume the national debate on the subject”.

“Without compromising the guarantee of respect for the fundamental rights of the citizens in question, the aim is to promote a reduction in bureaucracy in the process and reinforce the legal means for the effective implementation of the return of those who do not have the right to remain in Portugal”, explains the executive.

Priority

The priority will be voluntary return, which will have financial incentives and a “perspective of reintegration into the destination or professional training”, in addition to a “system for controlling voluntary departures”, with an indicative period of 30 days for departure after “verification of the irregularity of the situation”.

Forced return will apply when there is a lack of cooperation, those targeted have fled to another member state or are security risks, the document reads.

According to the Government, “coercive return must respect fundamental rights”, with “procedural safeguards”, protection of children, prohibition of collective expulsion, legal assistance and the right to prior hearing.

If necessary, it will be possible to arrest anyone who is in an irregular situation, if it is found that they have “no residence, fixed domicile or reliable address”, an explicit lack of cooperation or a risk of flight, among other issues.

Alternatives

The document provides for “alternative measures to detention”, which include, among others, periodic presentations, bail, mandatory stay in a delimited geographical area or open regime in the Temporary Installation Center (CIT), with the possibility of spending part of the time at liberty.

Maximum periods of detention will also be extended to “complete procedures and the possibility that, despite all reasonable efforts, the return of third-country nationals takes longer due to delays in obtaining the necessary documentation or lack of cooperation from the third-country national concerned” and, to reduce the time, the initial notification of voluntary abandonment will be eliminated.

The proposal also provides for the return decision to be issued at the same time as the asylum application is rejected and the Government undertakes to meet the appeal deadlines.