Title: The new Portuguese asylum law in 'fortress Europe'

Authors: Antónia Martin Barradas

Addresses: Doctoral Programme in Law, Justice and Citizenship in the 21st Century, University of Coimbra, Avenida das Forças Armadas, no 133, Lote C, R/C Escritórios, 1600-081, Lisboa, Portugal

Abstract: This paper will analyse the 2013 revision of the Portuguese Asylum Law due to the need to harmonise national law with the European Union (EU) 'Dublin Regulation'. The government1 stated the need to harmonise national law with EU Directives related to the Common European Asylum System and several legal changes took place as a consequence. The non-refoulement principle will be approached, namely, the possibility of sending back asylum seekers to their countries of origin while awaiting a decision on their request for international protection. The fact that the new law broadened detention to more situations will also be considered. Some of the reasons why these changes occurred will be explored within the context of refugee issues and International Human Rights Law.

Keywords: migrants; non-refoulement to refoulement; Portugal; refugees; law; law proposal to proposal; othering; Mediterranean; asylum.

DOI: 10.1504/IJMBS.2019.105810

International Journal of Migration and Border Studies, 2019 Vol.5 No.4, pp.292 - 307

Received: 26 Nov 2018
Accepted: 25 Jun 2019

Published online: 03 Mar 2020 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article