Portugal Constitutional Court upholds asylum and return law

Portugal's Constitutional Court has unanimously ruled that the new law regarding foreigners and the granting of asylum, often referred to as the ‘Return Law’, does not contain unconstitutional provisions. The decision follows a request for preventive review by President António José Seguro, who had raised concerns regarding the legality of several measures within the legislation.

The 160-page ruling addresses 11 specific questions posed by the President. Key areas of scrutiny included the potential separation of parents and children, the expulsion of minors, and the extension of time limits for placing foreign citizens in temporary installation centers to a maximum of 180 days, renewable for an equal period. The President had expressed doubts about whether the law adequately protected the best interests of children.

Constitutional Court President João Carlos Loureiro confirmed that the court decided not to rule the norms in question unconstitutional, particularly regarding the relationship between foreign parents and national children. This ruling allows the law to proceed without the legislative amendments that the President's concerns might have otherwise necessitated.