Friday 20 July 2012

DEPORTED FROM PORTUGAL




DEPORTED FROM PORTUGAL
Legal Advice Text Computer Key
DEPORTED ASK FOR LEGAL ADVICE




ON WHAT GROUNDS CAN A fOREIGN NATIONAL BE DEPORTED FROM PORTUGAL?
 Foreign nationals will be deported from Portugal when:
1. They enter or remain illegally in Portuguese territory;
2. They act against national security or public order;
3. Their presence or activities in the country constitute a threat to the interests or dignity of the Portuguese State or its nationals;
4. They seriously interfere with the exercise of the rights of Portuguese nationals to political participation;
5. They have undertaken actions which had they been known to the Portuguese authorities, would have barred their entry into the country.
6. There are strong reasons to believe that they have engaged in serious criminal offences or that they intend to engage in such offences.

WHO HAS THE POWER TO ISSUE A DEPORTATION ORDER?
 Only judicial or administrative authorities have the power to deport a foreign national. In administrative deportation cases, the power rests with the Director General of SEF. In judicial deportations cases, the power rests with judicial authorities (magistrate’s courts and district courts); the order may be issued under a separate court proceeding or as a secondary sentence in a criminal proceeding.

WHO MAY NOT BE DEPORTED?
The following foreign nationals may not be deported:
a) Persons born in Portuguese territory who have their habitual residence in Portugal;
b) Persons who have dependent children who are minors and Portuguese nationals and residents in Portugal;
c) Parents of children who are minors, who are nationals of a third country and legal residents in Portugal, and in respect of which they ex- ercise parental authority and provide maintenance and education;
d) Persons who have habitually resided in Portugal from before the age of 10.

WHAT CAN I DO If I BELIEVE THAT THE DEPORTATION ORDER WAS UNfAIR?
You may appeal against the deportation decision to an administrative court.

If I APPEAL AGAINST THE DEPORTATION ORDER AM I ALLOWED TO STAY IN THE COUNTRY?
No, you are not. The appeal does not suspend the operation of the deportation order.

TO WHICH COUNTRY WILL THE fOREIGN NATIONAL BE DEPORTED?
 In general, foreign nationals can only be deported to their home country or to a third country that accepts them.
However, a foreign national may not be deported to any country where he may be persecuted for reasons that, under the law, would confer upon him the right of asylum.

CAN I RETURN TO PORTUGAL AfTER I HAVE BEEN DEPORTED?
 In administrative deportation cases, the foreign national is prohibited from entering national territory for a period of not less than 5 years.
In judicial deportation cases, the time period of the prohibition is determined by the court.

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