Immigrants denied residency by AIMA might have to leave Portugal. Experts suggest immigrants should challenge the agency's decisions through administrative appeals or in court to avoid this outcome. So far, AIMA has rejected 108,000 cases.
Immigrants whose applications for residence permits at AIMA Portugal have been rejected by the Agency for Integration, Migration, and Asylum (AIMA) may be asked to leave the country voluntarily. According to experts interviewed by PÚBLICO Brasil, this is the process's last — and sad — stage. According to calculations by the Minister of the Presidency of the Council of Ministers, António Leitão Amaro, of the 221,000 residence permit applications analyzed in the first three months of the task force that began at the Hindu Center in Lisbon, 108,000 were rejected, most of them due to failure to pay the required fees, such as biometrics.
The voluntary departure letter is a tool used by the Portuguese government for individuals living in the country illegally. According to lawyer Catarina Zuccaro, immigrants who cannot overturn AIMA's residency denials are added to a list of those who may be asked to leave. "Anyone receiving this letter has 20 days to leave Portugal," she states. In more extreme cases, the government may proceed with extradition.
However, Catarina explains that harsher measures can be avoided by appealing AIMA’s decision, either through administrative or judicial channels. This option is available to the 108,000 immigrants whose residency applications have been denied. They can request a review of their cases, paying the required legal fees. Acting quickly is crucial, as delays reduce the chances of reversing AIMA’s decision. "Many people are being notified to address pending issues, particularly missing documents," Catarina adds.
Attorney Larissa Belo stresses that immigrants should not passively accept AIMA’s decisions. "Under the Code of Administrative Procedure (CPA), public services are required to notify individuals of any decision, along with the reasons for it, in cases of denial," she explains. This notification must be delivered to the individual’s address, with a signed receipt—commonly referred to as the pink sheet. This document is key for filing an appeal.
The deadlines for challenging AIMA’s decisions range from 30 business days to three months, depending on the circumstances. Immigrants are urged to act promptly to protect their rights and avoid the risk of deportation.
Process Failures and How Immigrants Can Protect Themselves
According to attorney Larissa Belo, immigrants facing residency denials from AIMA can take proactive steps to address process failures and strengthen their appeals. She highlights an example: if someone did not pay the required fee because they were never notified, they should immediately send a registered letter to AIMA.
“In this letter, the individual should ask which email or home address was used to send the payment alert,” Larissa explains. The registered letter ensures that an AIMA employee must sign to acknowledge receipt of the correspondence. This signed receipt can then serve as critical evidence when challenging the denial of their residency application.
“This safeguard is essential,” Larissa emphasizes, as it provides proof of the individual’s attempt to address the issue and ensures their case is taken seriously during the appeal process. Taking such steps can help immigrants navigate the complexities of the system and avoid being unfairly penalized for administrative oversights.
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