RESIDENCE PERMIT ON HUMANITARIAN GROUNDS | DEADLINE FOR FILING THE APPEAL | ASYLUM APPLICANT WITH NO KNOWLEDGE OF THE PORTUGUESE LANGUAGE | REQUEST FOR LEGAL PROTECTION
Constitutional Court, judgment no. 587/2005, 02.11.2005
JURISDICTION: Constitutional
CASE: 441/05
SUBJECT: Constitutional appeal
RAPPORTEUR: Maria Helena Brito
RULING: Grants the appeal, finding that the eight days deadline set by Article 16(2) of Law no. 15/98, of 26 March 1998, for filing an appeal against decision rejecting an application for asylum or residence permit on humanitarian grounds, is not too short.
DOMESTIC LAW:
Portuguese Constitution [Articles 33(8), 268(4)]
Constitutional Court Act [Articles 70(1)(b), 72(1)(a)]
Law no. 15/98, of 26 March 1998 [Articles 11, 13, 14(1), 16, 18, 19, 20(4), 52(1), 62]
Law no. 34/2004, of 29 July 2004 [Article 33(4)]
Constitutional Court, judgment no. 186/92, 20.05.1992
Constitutional Court, judgment no. 482/00, 22.11.2000
INTERNATIONAL LAW: n.a.
FOREIGN LAW: n.a.
KEYWORDS: Residence permit on humanitarian grounds; deadline for filing the appeal; asylum applicant with no knowledge of the Portuguese language; request for legal protection; Turkish citizen of Kurdish ethnicity; National Commissioner for Refugees; interpreter; Turkish language; immediate expulsion from national territory; principle of effective judicial protection; asylum application; abusive recourse to asylum procedures; right to asylum; universal vocation; umbilical ties to human dignity; right to judicial appeal against administrative acts detrimental to fundamental rights; right to access law and the courts; right to be assisted by an interpreter; legal aid; UN High Commissioner for Refugees; Portuguese Council for Refugees; social or cultural condition; lack of economic means; state-appointed attorney; usual assistance provided to refugees; notification without the presence of an interpreter; urgent procedure
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE: n.a.
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