STA – Case No. 741/23.4BELSB
In a decision issued in Case No. 741/23.4BELSB, the 1st Chamber of the Supreme Administrative Court ruled that the procedural regime for urgent measures to protect rights, freedoms, and guarantees applies to a residence permit application in accordance with Article 110 and following the Code of Procedure in Administrative Courts (CPTA).
The appeal concerned the rejection of a request for urgent protection of rights, freedoms, and guarantees related to a residence permit application that had been pending for over four years without a definitive administrative decision.
The appellant filed a request for urgent protection of rights, freedoms, and guarantees, seeking to compel the Immigration and Borders Service (SEF), now replaced by the Agency for Integration, Migration, and Asylum (AIMA, I.P.), to decide on the application submitted on 05/05/2020 and consequently issue the requested residence permit.
The Lisbon Administrative Court did not admit the request for urgent protection of rights, freedoms, and guarantees, leading to an appeal to the Southern Central Administrative Court (TCA Sul), which denied the appeal on 11.01.2024.
In its ruling of June 6, the Supreme Administrative Court noted that the delay in deciding the residence permit application was unreasonable, violating the 90-day legal deadline prescribed by law (cf. Article 82, No. 1 of Law No. 23/2007, of July 4).
The STA held that the guarantee of a decision on the residence permit must be considered urgent, as it is “essential for the Appellant to be able to realize his right to legal integration into the labour market, and to materially enjoy other rights, such as security, tranquillity, freedom of movement, and health.”
Para além do mais, apontou “a urgência verificada na situação dos autos não é uma urgência cautelar, tratando-se antes de uma urgência na obtenção de decisão de mérito”. Bem assim o STA concedeu “Furthermore, it pointed out that “the urgency in the present case is not precautionary but rather pertains to obtaining a decision on the merits.” As a result, the STA upheld “the appeal filed by the Appellant and consequently overturned the ruling issued by TCA Sul, with the case to proceed as an urgent measure to protect rights, freedoms, and guarantees, under Article 110 and following of the CPTA, ordering the case to be sent back to the First Instance for appropriate action.””.
This decision could have significant implications for ensuring the rights of immigrants who intend to apply for a residence permit (temporary or permanent) or who are awaiting a decision from AIMA, I.P.
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The full text of the ruling is available here.
