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Second instance determination - Portugal
Last updated on 19/05/2026

***Note that the information provided for this country was not reviewed by the EUAA Information and Analysis Sector national contact point.

 

There are three appeals possible against a decision regarding international protection by the Agency for Integration, Migration and Asylum (Agência para a Integração, Migração e Asilo, AIMA).

 

The first appeal is before the Administrative Courts. Under the Asylum Act, appeals concerning international protection must be examined urgently and have automatic suspensive effect. Administrative Courts provide a full judicial review of both facts and points of law.

 

The second appeal is before the Central Administrative Courts, which consists of a full judicial review of the facts and points of law. Appeals to the Central Administrative Courts have an automatic suspensive effect (Article 37, no 6 Asylum Act).

 

There is also the possibility of an appeal before the Supreme Administrative Court, for decisions that contradict case law previously established by the Central Administrative Courts or the Supreme Administrative Court. An exceptional review appeal before the Supreme Administrative Court is also possible in matters considered to be of fundamental importance, due to their legal or social relevance. The Supreme Administrative Court examines only points of law.

 

The relevant legal provisions concerning appeals are the Asylum Act, the Code of Administrative Court Procedure (Lei 15/2002, Código de Processo nos Tribunais Administrativos), the Code of Civil Procedure (Lei 41/2013, Código de Processo Civil), which applies subsidiarily, and the Statute of Administrative and Tax Courts (Lei 13/2002, Estatuto dos Tribunais Administrativos e Fiscais).

 

In Portugal, a decision is considered final once the Supreme Administrative Court issues a ruling on the case or the time limit for submitting the appeal expires. However, cases regarding constitutional matters, may be referred to the Constitutional Court (Lei Orgânica do Tribunal Constitucional 28/82, 15 November 1982).