The SEF disappearance was published this Friday in the Diário da República and the government now has 60 days to hand over police powers to the PSP, GNR and PJ and create the Portuguese Agency for Migration and Asylum.
After the President of the Republic with reservations promulgated the resolution of Parliament disappearance of the Office for Foreigners and Borders (SEF), referring to its strong assessment of subsequent government decrees, the socialist executive until January 11, 2022 go to assignment administrative and internal security matters.
The diploma specifies that SEF’s current administrative powers in relation to foreign nationals are currently exercised by the Portuguese Agency for Migration and Asylum (APMA) and the Institute of Registers and Notaries (IRN).
According to the law, the Government must, within 60 days, submit diploma created by APMA, an administrative service with specific attributes.
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APMA will have “the mission of implementing the state policy in the field of migration and asylum, namely, ordering the entry and stay of foreign citizens in the national territory, issuing opinions on applications for visas, asylum and resettlement of refugees, thus, how to participate in the execution. the policy of international cooperation of the Portuguese state in the field of migration and asylum ”.
The law also establishes that until the entry into force of the diploma creating the APMA, “the rules governing SEF’s computer and communication systems, including those concerning the national part of the Schengen Information System and other existing ones, remain in force. as part of the control over the movement of people, which is managed by the Information Security Technologies division.
The diploma also identifies creation, with APMA, advisory body for immigration and asylum, which ensures representation of government departments and non-governmental organizations, “whose statutory purpose is primarily aimed at protecting the rights of migrants, refugees and asylum seekers, protecting human rights or combating racism and xenophobia that compete with it, namely, to issue opinions, recommendations and suggestions that he receives ”.
same way transfer of competencies to IRNwho will be responsible for foreign nationals holding a residence permit in Portugal and issuing passports, will be determined in a special diploma, which will be approved by the government.
In the context of the transfer of powers to the police GNR will be responsible for “supervision, inspection and control of sea and land borders”, “act in the context of the processes of forced expulsion and judicial expulsion of foreign nationals in areas of its jurisdiction” and “ensure the implementation of mobile and operational controls with the national security forces and services and Spanish counterparts “.
In turn, PSP it will combine the competencies of “supervision, inspection and control of the borders of airports and cruise terminals” and “actions in the framework of the processes of forced expulsion and judicial expulsion of foreign nationals in areas of its jurisdiction.”
A Pajamas has reserved powers in the investigation of crimes of assistance to illegal immigration, association of assistance to illegal immigration, human trafficking and other related crimes.
The law, published this Friday in Diário da República, says nothing about which ministry will oversee APMA, or whether that agency will manage the police databases currently run by SEF.
A law approving the restructuring of the Portuguese border control system, reforming the regime of forces and services carrying out internal security activities, and establishing other rules for the reallocation of powers and resources of the Office for Foreigners and Borders, was drafted at the suggestion of the Government and was approved in a final global vote October 22 by votes in favor of PS, BE and unregistered MP Joacin Qatar.
This separation of SEF between police and administrative functions related to immigrants was envisaged in the government program and announced by the Minister of Internal Affairs after the death of a Ukrainian citizen at the SEF premises at Lisbon airport, for which three inspectors were convicted. …