The measure stipulates that lawsuits filed against the Agency for Integration, Migration and Asylum (AIMA) be filed in the area where the applicant resides or is based, thereby removing the exclusive jurisdiction of the Lisbon Administrative Court and redistributing cases among various courts across the country.

Proposal presentation

During the proposal’s presentation, Justice Minister Rita Alarcão Júdice outlined the sector’s situation, highlighting a significant rise in the backlog of administrative court cases following 2023, the year the Foreigners and Borders Service (SEF) was abolished and replaced by AIMA.

The Minister emphasised the critical accumulation of urgent injunction cases in the capital, which is seeing a high volume of mass-filed, repetitive lawsuits seeking the protection of rights, freedoms, and guarantees. To streamline the judicial review of these injunction requests, the Government intends to implement mandatory, standardised forms.

The Executive’s proposal amends the Statute of Administrative and Tax Courts, the Tax Procedure and Process Code, and the Legal Regime for Tax Arbitration. In addition to establishing courts dedicated to immigration matters, the legislation strengthens the management powers of the High Council of Administrative and Tax Courts. It reorganises territorial jurisdiction regarding challenges to tax arbitration decisions.

Addressing concerns

Addressing concerns about the model’s constitutionality, Rita Alarcão Júdice assured that the bill entails only the creation of specialised courts within the existing judicial structure, thereby fully complying with constitutional standards.

Conversely, the measures met with reservations from the Union of Migration Technicians; the union warned that the system’s sluggishness stems primarily from operational limitations, internal organisational issues, and a lack of resources at AIMA, arguing that merely decentralising cases to local courts fails to address the root cause of the caseload volume.

In response to the criticism, the Minister of Justice downplayed the objections, framing the bill as part of a broader package of nine legislative acts approved for the justice sector; the document now moves to the Assembly of the Republic for debate and a vote.