A court has overturned a decision by AIMA (the Agency for Integration, Migration and Asylum) that forced a 20-year-old Brazilian woman to leave Portugal this summer. Her legal challenge was filed from Brazil, one day before the deadline for appealing expired, DN Brasil reports.
The woman arrived in Portugal in 2024 with her mother, stepfather and two younger brothers. She enrolled in the law faculty at the University of Coimbra, but the university did not form a group for her course. While the family was waiting for family reunification, she turned 18 and was no longer eligible to join them under that procedure. Her application under the transitional regime was rejected because she had not made any social security contributions before June 2024, when she was still a minor. She was also unable to apply for a residence permit for CPLP citizens (the Community of Portuguese Language Countries) because the online portal was closed.
On July 10, she was ordered to leave the country within 20 days. She left because she did not know she could challenge the order, Revista Entre Rios reports. On October 26, a judge ruled that she had been prevented from regularising her status by obstacles beyond her control. Her name was removed from the SIS (Schengen Information System), and she can now return to Portugal and reapply for a residence permit.
The publications do not disclose how much the legal services of her lawyer, Priscila Nazareth Ferreira, cost. For comparison, in 2024 Público reported that lawsuits against AIMA cost immigrants €1,000–1,500, but those were simpler cases seeking to speed up the processing of applications.
Leaving Portugal in response to an order does not deprive someone of the right to challenge it in court. The usual deadline for an appeal is three months from the date of notification, so it is best to seek legal advice straight away rather than wait until the last day.
