In recent years, the significant increase in the number of lawyers specializing in immigration in Portugal has been a key milestone in defending the rights of foreigners. This phenomenon has not only benefited immigrants but also had positive effects on the application of legislation, process efficiency, and the awareness of public institutions involved.
A Challenging Context for Immigrants
Public institutions in Portugal have generally faced difficulties in adequately serving immigrants. This is due to a lack of legal knowledge, negligence by those responsible for services, or insufficient reinvestment in human and technological resources.
The Role of Immigration Lawyers
Lawyers have taken the lead in defending immigrants, submitting formal requests, substantiated complaints, and, when necessary, legal actions. This proactive approach has gradually promoted a shift in how the AIMA and its staff handle cases involving foreigners.
The formal requests submitted by lawyers, always accompanied by strong legal foundations, have contributed to the practical training of AIMA staff and their hierarchical superiors. The fear of facing well-founded legal measures has led to greater caution in handling cases, fostering a clearer awareness of the importance of adhering to the law.
Training Staff Through Practice
Often, AIMA’s hierarchical superiors learn from the petitions and appeals submitted by lawyers. This knowledge is subsequently passed down to their subordinates, creating an indirect capacity-building effect. Initial misjudgments, such as refusals of residence permit applications, are frequently overturned through administrative or judicial appeals, highlighting the lawyer’s critical role as a practical educator within the system.
The Role of Justice and Learning from Court Decisions
Unfortunately, many instances of disregard for requests or misinterpretations of the law find resolution only in court. The Lisbon Circuit Court, for example, handles thousands of cases against AIMA, most of them initiated by immigration lawyers. Judicial decisions, which often favor the lawyers’ arguments, also play an educational role, compelling AIMA to adjust its conduct and improve its application of the law.
Direct Benefits for Immigrants
Immigrants, often harmed by undertrained or outdated staff, or due to a lack of resources and public institutional structures, find indispensable support in immigration lawyers. These professionals ensure that the rights of foreigners are upheld, acting as pillars of justice and collaboration to improve the overall system.
Conclusion
Immigration lawyers have been pivotal in building a fairer system for immigrants in Portugal. Their work not only corrects individual injustices but also transforms and educates public institutions, contributing to an environment where foreigners’ rights are better understood and applied.
Adriano Martins Pinheiro, lawyer in Portugal, professor, and writer
