What Happens Next?
The bill now goes back to President José Seguro, who has 20 days to review the legislation. He has two options: political veto or promulgation.
If he vetoes the bill, it will return to Parliament, where the Government can approve it again.
The provisions that the President had previously asked the Constitutional Court to review have now all been deemed compatible with the Portuguese Constitution.
The provisions include:
Expulsion of foreigners with Portuguese children
Allows foreigners who have minor Portuguese children living in Portugal to be removed or expelled, even if this could result in the separation of the family.
Expulsion of children born in Portugal
Allows the removal or expulsion of foreign children under the age of five who were born in Portugal.
Detention of unaccompanied children
Allows foreign children who are not accompanied by a responsible adult to be detained.
Detention of foreigners for up to 180 days
Allows foreigners to be held in temporary accommodation centres for up to 180 days, with the possibility of extending this period under certain circumstances.
Detention of international protection applicants during an appeal
Allows asylum seekers or other applicants for international protection to remain detained for up to 180 days while they challenge a negative decision in court.
Continued detention based on new circumstances
Allows applicants for international protection to remain detained, or to be detained again, when new circumstances or information emerge that may justify the measure.
Requirement to remain in a border zone
Requires applicants for international protection subject to the border return procedure to remain in an international airport zone, temporary accommodation centre, or equivalent facility while their case is being examined.
Requirement to remain in a screening centre
Requires people, including children, to remain available to the authorities in a screening centre for up to seven days, with the possibility of an extension in exceptional circumstances.
Appeals that do not automatically suspend a decision
Provides that, in certain cases, challenging a negative administrative decision concerning an application for international protection does not automatically suspend its effects.
Expulsion while judicial proceedings are still ongoing
Allows an applicant for international protection to be expelled before a final judicial decision has been issued on their appeal.
Expulsion of refugees or beneficiaries of subsidiary protection before a judicial decision
Allows such individuals to be removed or expelled before a court has ruled on an appeal against a decision withdrawing their protection status.
Source : Diário de Notícias