Appeals & court injunctions against AIMA

When faced with an AIMA refusal or when AIMA exceeds the legal decision deadlines, several challenge mechanisms are available. A complaint to AIMA itself must be filed within 15 days of notification; a hierarchical appeal (to the responsible Government minister) within 3 months (optional) or 30 days (mandatory); judicial challenge at the Lisbon Administrative Court (which has exclusive jurisdiction over AIMA decisions) within 3 months of notification. Challenges to residence permit refusals have automatic suspensive effect — the refusal is suspended while proceedings are pending.

When AIMA exceeds the legal deadline (90 days for first grants; 60 days for renewals), the applicant can bring an administrative action to compel a decision (Arts. 66 and 37(1)(b) CPTA), with daily financial penalties possible for each day of continued delay. This action must be filed within 1 year of the deadline passing. In urgent situations involving fundamental rights, an injunction for the protection of rights, freedoms and guarantees (Arts. 109–111 CPTA) is available — confirmed by STA Decision 11/2024 as the appropriate route where AIMA inaction seriously undermines fundamental rights.

Legal aid is available for applicants without means, through the SADT system. These matters have strict deadlines — acting quickly with specialist legal support is essential.

Challenge deadlines are absolute. Do not wait — consult a lawyer as soon as you receive the decision.