DEPORTED FROM PORTUGAL
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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