When AIMA gets it wrong: how immigration litigation can make a difference
Most residence applications begin in the same way: documents are submitted, appointments are attended and the applicant waits for AIMA to complete the process. Problems arise when a decision is made without the procedure required by law, or when an application remains pending long enough for the delay itself to have legal consequences.
Portuguese immigration procedures are part of administrative law. AIMA must follow the rules that apply to each case, respect the applicant’s procedural rights and base its decisions on a properly conducted administrative process. When that does not happen, judicial intervention may provide an effective remedy.
Two cases handled by our firm illustrate how this works in practice.
Case Study 1: an AIMA refusal issued without the required procedural steps
Our client received a decision refusing the residence application. After reviewing the administrative file and the procedure followed by AIMA, we identified a fundamental problem. In that particular type of application, the authority was required to carry out specific enquiries before reaching a final decision. Those enquiries had not been completed. AIMA nevertheless proceeded with the refusal.
The legality of an immigration decision depends on more than the wording of the final notice. The steps that preceded it also matter. Where the law requires the Administration to obtain information, carry out checks or complete specific formalities, those requirements form part of the legal protection afforded to the applicant.
The case was therefore brought before the Administrative Court, with the challenge focused on the way the decision had been reached. For someone who has received an AIMA refusal in Portugal, reviewing the underlying administrative procedure can be just as important as reviewing the reasons stated in the decision itself.
Case Study 2: the Court recognised the tacit approval of a residence permit renewal
In another matter, our client had submitted an application for the renewal of a Portuguese residence permit and remained without a decision. The timing of the application was decisive.
The renewal had been submitted before a subsequent change in Portuguese immigration law. Under the legal framework applicable to that request, the expiry of the relevant decision period could result in tacit approval, provided the statutory requirements were fulfilled.
The matter was brought before the Administrative Court, which recognised that the residence permit renewal had already been tacitly approved.
The case shows why the date of an application can completely change the legal analysis. Portuguese immigration legislation has undergone several amendments while many residence applications have remained pending. An older application must therefore be assessed according to the rules that governed it at the relevant time, together with its full procedural history.
This does not mean that every delayed renewal results in tacit approval. Each case depends on the type of application, the legislation in force at the time, the relevant deadlines and what occurred during the administrative procedure.
When can immigration litigation help?
Judicial action can be useful where an AIMA decision appears to have been issued unlawfully, where mandatory procedural steps were omitted, where an authority has failed to act within a legally significant period or where the Administration has not recognised a legal consequence that has already arisen.
The first step is always to reconstruct the case carefully. We review the application date, the documents submitted, communications with AIMA, procedural notices, deadlines and the legislation applicable at each stage.
From there, it becomes possible to determine whether court action can produce a useful result and which legal route is appropriate.
At Viana Consultancy, immigration litigation is approached with that objective in mind: understanding exactly what happened in the administrative process and identifying the most effective legal response available.
Has your AIMA case reached a standstill?
If you have received an AIMA refusal, are facing a prolonged residence permit delay or believe that your application was handled incorrectly, we can review the complete procedural history and assess the available administrative and judicial options.