Removal / expulsion defence

Removal or forced expulsion of a foreign national is a highly serious measure that must be immediately challenged with specialist legal assistance. The grounds are set out in Art. 134 of Law 23/2007. Art. 135 establishes absolute limits on expulsion: foreigners who were born in Portugal and habitually reside there; those with minor children of Portuguese nationality in their effective care; those with minor foreign children in their effective care with parental responsibilities assumed; and those who arrived in Portugal before the age of 10 and habitually reside there cannot be administratively expelled. These limits can only be overridden on grounds of terrorism, sabotage or crimes against national security.

The most important urgent defence mechanism is the interim order to suspend the effect of the expulsion decision (Art. 112(2)(a) CPTA), which prevents immediate enforcement while the case is examined. For long-term residents, an appeal has automatic suspensive effect (Art. 136(3)). The deadline for judicial challenge is 3 months. In case of detention, the law requires a court appearance within 48 hours; the maximum detention period in a Temporary Installation Centre (CIT) is 60 days. Filing an asylum claim within 48 hours of irregular entry automatically suspends any removal procedure.

Urgent legal aid is available through SADT; the Ordem dos Advogados maintains a duty lawyer scheme; NGOs such as CPR and JRS Portugal provide free legal support.

If you receive an expulsion notice, act immediately. Deadlines are very short and missing them can be fatal to the defence.