Courts Warn of "Exponential Increase in Cases" Due to Portugal's Deportation Bill

American Gwynne Berkeley is at the National Support Center in Anjos, Lisbon. AIMA did not respond to her phone calls or emails. Her wallet was stolen, and she needed a duplicate of her residency permit. Berkeley, 55, said that she loves Portugal but not the bureaucracy. (Photo by Gerardo Santos/Diário de Notícias (September 10, 2024))

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Portugal's deportation bill worries the judges who handle the thousands of lawsuits filed by immigrants, reported SIC Notícias (August 30).

The Conselho Superior dos Tribunais Administrativos e Fiscais (Superior Council of Administrative and Tax Courts) said that the lei de retorno e asilo would lead to "an exponential increase in lawsuits", further delaying decisions.

"Legislative measures cannot continue to be approved without an impact study on the courts which judge them," the Superior Council said in a message to the newspaper Público. "The State would be required to provide more judges to this jurisdiction."

Currently, lawsuits against the Agency for Integration, Migration and Asylum (AIMA) take an average of two years and four months for resolution.

The Superior Council of Administrative and Tax Courts already had created a temporary special team of 28 judges to handle the avalanche of lawsuits against the Agency for Integration, Migration and Asylum (AIMA), beginning work in April, with the goal of reducing a backlog of more than 100,000 cases, reported Ordem dos Advogados (Portuguese Bar Association) (March 5).

In July, the government proposed to create a specialized immigration court to relieve the Lisbon Administrative Court, which is, presently, the only court able to hear lawsuits against AIMA. reported SIC Notícias (July 23).

After President António José Seguro requested a review of the lei de retorno e asilo, the Constitutional Court found it to be constitutional, it announced on August 28. Seguro has 20 days to promulgate the legislation or veto it.

Disagreement Over Suspensive Effect of Appeals

Scrutinizing the deportation bill itself, the Superior Council of Administrative and Tax Courts pointed out the removal of the suspensive effect of appeals in asylum and border decisions, which it said does not comply with European Union regulations, reported SIC Notícias (August 30). Suspensive effect is a consequence of an appeal, which suspends the enforceability of a challenged decision allowing the appellant to remain in a host country pending the outcome, according to the European Commission.

It is a rule which could result in even more lawsuits against AIMA.

The Constitutional Court addressed the issue of the removal of the suspensive effect of appeals several times in its decision. For example, it wrote:

"It was observed that granting suspensive effect to legal actions challenging administrative decisions is not a constitutional imperative or imposition, and that administrative actions concerning the legality of rejections of applications for international protection or those declaring the loss of such protection are no exception."

"The Court noted that, by removing the suspensive effect of filing an action challenging a decision declaring the loss of international protection, the rule does not govern the conditions for the removal of the foreign citizen or stateless person targeted by the administrative act. The expulsion decision is subsequent, taken by a different entity and results from an independent procedure.

"It also took into consideration that the law does not allow . . . the return of a foreign citizen to a territory where there are reasons to believe that he or she may be in danger."

How would danger be determined?

Lawsuits for Family Unification, AIMA Appointments and Residence Permit Renewal

A large part of the lawsuits are related to immigration administrative issues, reported Ordem dos Advogados (Portuguese Bar Association) (March 5). Since the summer of 2024, resorting to the courts has become one of the main avenues used by immigrants to try to secure rights that, through administrative channels, were taking months or years to reach resolution.

Among the most common cases are requests for family reunification, getting appointments at AIMA, granting of residence permits from the Community of Portuguese Language Countries (CPLP), and issuing the first residence permit for work reasons.

"The courts also began receiving a high number of lawsuits related to the renewal of residence permits, after the Government allowed more than 374,000 documents to reach expiration. Possessing an expired permit can have serious consequences for immigrants, including difficulties in renewing work contracts or the inability to travel," reported Ordem dos Advogados (March 5).

"Faced with the explosive growth in cases, the Government decided to change the legislation to limit the number of new lawsuits filed. The new law, which came into effect on October 23, 2025, introduced two main changes: it became necessary to demonstrate the urgency of the process, and access to the courts was no longer free, with court fees now averaging around €600."

Despite a reduction of about 78 percent, the accumulated backlog did not go away. At times, as many as 20,000 cases were filed in a single month, creating an impossible workload with existing resources.

Superior Council's Special Team of Judges

The Superior Council of Administrative and Tax Courts plan of reducing the backlog with a special team of 28 judges initially foresaw three months of work, which could be extended by another three months, if necessary, according to Ordem dos Advogados (March 5).

To meet established goals, each of the 28 judges will have to decided hundreds of cases per month. The projected average is about 400 for each magistrate, representing 2,495 cases assigned to each judge.

The operation will mobilize not only the magistrates but also the supporting staff. Court officials will be required to work overtime, including after-hours and on Saturdays. The Ministry of Justice has agreed to cover the costs.

The initiative came from the Superior Council of Administrative and Tax Courts itself. In statements to Diário de Notícias, Judge Eliana de Almeida Pinto said that the judicial system decided to directly address the backlog.

"We have to be the ones to solve the problem," said Judge Pinto.

And now, with the possible enactment of the deportation bill, the Superior Council foresees even more of a backlog.

Each of these cases, Judge Pinto emphasized, represents a concrete situation in the lives of individuals and families awaiting a response from the justice system, reported Ordem dos Advogados.

Courts in Portugal

In the Portuguese judicial system, there are several categories of courts, according to National Justice Systems: Portugal, European Justice, European Union. They are the following:

1. The Constitutional Court, whose main task is to assess the constitutionality or legality of law and rules;

2. The Court of Auditors, which is the highest body with the authority to scrutinize the legality of public expenditure and to review the accounts which the law stipulates must be submitted to it;

3. The judicial courts, which have general jurisdiction in civil and criminal matters and also exercise jurisdiction in all matters not assigned to other courts. They include the Supreme Court of Justice and, as a rule, the courts of appeal and the district courts;

4. The administrative and tax courts, whose role is to settle disputes arising out of administrative and tax relations. They include the Supreme Administrative Court, the central administrative courts, the circuit administrative courts and the tax courts;

5. The justices of the peace, which are courts with special characteristics and with competence in civil proceedings where the value of the claim does not exceed €15,000,

6. During states of war, courts martial (tribunais militares) also may be in existence.