Migrants, upon arrival in Algarve, to be handed over to another country for further legal proceedings
In a recent development, 38 Moroccan migrants who landed on a beach in Vila do Bispo, Algarve, Portugal, have been ordered to leave the country. The court in Silves has determined that the Moroccan citizens cannot stay in Portugal.
The return procedures in Portugal involve a complex interplay of national judicial rulings, administrative enforcement by Portuguese authorities, protection mandates under international law (especially for minors), and the EU regulatory framework governing returns and asylum.
Portuguese courts issue expulsion orders after hearing adult migrants. Children, such as the minors among the 38 migrants, including a 12-month-old baby, are excluded from expulsion orders due to special protection. The judicial process ensures that the rights of all individuals are respected and protected.
The return process is overseen by the National Immigration and Borders Service (UNEF), which took over responsibilities concerning the removal, readmission, and return of irregular migrants from the Agency for Migration and Asylum (AIMA) as per recent legislation.
The procedures also comply with EU directives and regulations established in 2024, such as the return border procedure regulation (EU 2024/1349) and asylum and migration management regulations. These regulations aim to harmonize reception, asylum, return, and border procedures across member states.
During the return process, migrants are held in custody with security provided by Portuguese authorities including the national gendarmerie (GNR). Eleven of the 38 migrants were taken to Faro hospital due to hypothermia and dehydration. The migrants are currently under the custody of Portuguese authorities in a municipal pavilion.
The exact timeline for the completion of the return process is not provided. The migrants have not yet decided whether they will return voluntarily or be returned coercively. The International Organization for Migration (IOM) could potentially be involved in the voluntary return process.
The minister emphasized the quick and effective response of Portuguese authorities in this case, involving GNR, Maritime Police, National Maritime Authority, Navy, IOM, INEM, the municipality, and Civil Protection. The return procedures in Portugal demonstrate a commitment to upholding international and European laws, while ensuring the safety and wellbeing of all individuals involved.
[1] Source: Portugal News (2023) [4] Source: European Commission (2024) [5] Source: Portuguese Government (2025)
- Despite the complexities of return procedures in Portugal, due to the special protection mandate for minors, children such as the 12-month-old baby among the 38 Moroccan migrants are excluded from expulsion orders, adhering to the judicial process that safeguards the rights of all individuals.
- As part of the ongoing return process, the International Organization for Migration (IOM) could potentially be involved in facilitating the voluntary return of the 38 Moroccan migrants, given their commitment to upholding international and European laws while ensuring the safety and wellbeing of all individuals.
