Special Action for the Protection of Rights, Freedoms and Guarantees: Request for an Appointment to Issue and Renew a Residence Permit at AIMA and IRN

In Portugal, applying for and issuing or renewing residence permits has become a lengthy process for many immigrants due to the overloaded services of AIMA (Agency for Integration, Migration and Asylum).

In response to this situation, there is a legal action commonly known as a “queue-busting process”, technically called a Special Action for the Protection of Rights, Freedoms and Guarantees.

This action aims to guarantee a swift court decision in cases of urgency, where an individual’s fundamental rights, such as the right to reside legally in Portugal, are at risk due to the lack of service capacity for issuing or renewing residence permits by AIMA and IRN (In cases of renewal, check that the renewal of residence permits remains the responsibility of IRN. We have faced constant changes in this regard).

In this article, we will explore how this action can be used, its requirements, and the importance of having the assistance of a specialized lawyer to decide if this is the most appropriate route for your case.

1. What is the Special Action for the Protection of Rights, Freedoms and Guarantees?

The Special Action for the Protection of Rights, Freedoms and Guarantees is a judicial means created to guarantee the effective protection of fundamental rights enshrined in the Portuguese Constitution. This type of action can be used in any situation where an essential right is at risk of being violated, and where there is urgency in obtaining a judicial decision.

Examples of rights that can be protected by this action include:

• Right to life and personal integrity
• Freedom and security
• Right to asylum
• Right to travel and emigration
• Freedom to choose a profession

In the context of immigration, this action has been applied in situations where the lack of an appointment for issuing or renewing residence permits jeopardizes a foreigner’s right to live legally in Portugal and exercise fundamental rights.

2. Legal action against AIMA and/or IRN.

The lack of appointments or delays in issuing and renewing residence permits by AIMA/IRN is a growing problem. AIMA, which replaced SEF (Serviço de Estrangeiros e Fronteiras) in many of its functions, has faced administrative challenges and overload, resulting in long delays. The same is true of the IRN, which has taken over part of AIMA’s functions. In response, many immigrants have resorted to the Special Action to force AIMA and IRN to schedule appointments and resolve issues related to residence permits more quickly.

Legal basis

The action can be brought before the Lisbon Administrative Court, since the headquarters of AIMA and IRN are located in this municipality. The court decision orders AIMA/IRN to schedule the issue or renewal of the applicant’s residence permit, correcting the administrative failure to provide a public administration that is efficient and collaborates with individuals.

Portuguese law requires decisions to be handed down within 48 hours, although in practice this deadline is often not met due to the volume of cases pending in court.

3. When to take legal action?

Not all situations are suitable for the use of this action. Recourse to this judicial route should only be considered in cases of urgency and after all out-of-court attempts to resolve the issue have been exhausted. This includes, for example, sending extrajudicial notices to AIMA/IRN requesting an appointment regarding the residence permit.

A specialized lawyer should evaluate your case to determine whether there are grounds for using this action. Legal action should only be used if there is a clear risk of damage to fundamental rights due to a delayed administrative decision. Filing a lawsuit without this analysis having been taken into account could have impacts not only in terms of managing expectations, overloading the judicial system, further delaying the solution to your problem and also unnecessary financial expenses.

The best solution for your case is always the one best suited to the situation. Don’t waste your energy, time and money investing in ways that aren’t the best for your goal.

Evaluation Criteria

A lawyer will consider several factors before recommending action, such as:

• The seriousness of the situation and the urgency of reaching a decision.
• The existence of previous attempts at amicable resolution.
• The impact of delays in scheduling the issue or renewal of residence permits.

In many cases, a lawyer may recommend sending an out-of-court notification to AIMA/IRN before proceeding with the action. This notification serves as a last resort to resolve the issue amicably and demonstrates to the court that the claimant has tried to resolve the problem before going to court.

4. Requirements for legal action

In order to file a Special Action for the Protection of Rights, Freedoms and Guarantees, certain requirements must be met:

Required documentation

• Request for Residence Permit Appointment or Renewal: It must be demonstrated that the request was made and that there was no response or that the response was inadequate.
• Proof of Out-of-Court Settlement Attempts: Ideally, an out-of-court notification sent to AIMA/IRN.
• Personal Documents: Copies of passport, proof of legal entry into national territory and Residence Permit, if available.
• Proof of Urgency: Justify and prove that the delay in issuing or renewing the residence permit is causing a serious risk to your rights.

5. Action procedure

After gathering the documents and assessing the viability of the case, the lawyer will file the lawsuit with the Administrative Court of Lisbon. This court has jurisdiction to hear cases against AIMA/IRN, as its headquarters are located in this jurisdiction.

Once the action has been filed, the AIMA/IRN will be notified and, if the decision is in favor of the applicant, the agency will be obliged to proceed with scheduling or issuing the residence permit.

6. Legal action costs

This type of action is free of charge. There are no court fees to start the process. However, it is important to consider the costs associated with hiring a specialized lawyer, who will have the role of ensuring that all procedures are followed correctly and that the lawsuit has the best chance of success. Be aware of whether or not the fees presented by your lawyer include attendance at hearings (if necessary) as well as filing appeals/defending the case in higher courts.

7. Deadline for Judicial Decision

Although the law sets a deadline of 48 hours for a court decision, in practice, due to the volume of lawsuits, this deadline can be extended. However, even with delays, the court decision is usually significantly faster than the usual judicial administrative process.

8. The importance of legal advice

Hiring a specialized lawyer is essential to ensure that this legal action is applied correctly and effectively. A lawyer can:

• Assess whether the action is right for you.
• Help prepare all the necessary documentation.
• Represent you before the court and ensure that the action is carried out within the legal deadlines.
• Facilitate communication with AIMA/IRN and avoid unnecessary delays.

Only a lawyer registered with the Portuguese Bar Association can represent the client directly at the Registry Office and in court. This guarantees the protection of personal data and avoids problems related to the practice of illicit prosecution, which is strongly combated by the authorities in Portugal.

Verification of Lawyer Registration

Before hiring a lawyer, it’s important to check that he or she is duly registered with the Portuguese Bar Association. You can do this directly on the Bar Association’s website. This guarantees that the professional is legally qualified to act in Portugal and will protect your interests in the best possible way.

Conclusion

The Special Action for the Protection of Rights, Freedoms and Guarantees is an effective solution for those facing difficulties with the AIMA/IRN in scheduling the issue or renewal of residence permits. However, its use must be carefully evaluated, and the assistance of a specialized lawyer is fundamental to your goal with the process. If you believe that this action may be applicable to your case, contact an immigration lawyer to assess the feasibility and start the process.

For more information or to schedule an appointment with a specialized lawyer, please contact us. We are here to help you protect your rights and ensure that your case is handled with the urgency, care and attention it requires.