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Nomads & Communities
28JUL

Portugal's backlog moves to the courts

3 min read
08:48UTC

Portugal puts its migration queue at 30,000 files. Immigrants have filed 124,000 lawsuits over the ones nobody processed, and the cabinet has now approved specialised immigration courts.

SocietyDeveloping
Key takeaway

Portugal's queue did not shrink so much as move to a building publishing different statistics.

Portugal's Council of Ministers approved diplomas on Thursday 23 July creating specialised immigration and asylum Administrative Courts, and proposed ending Lisbon's exclusive territorial jurisdiction over lawsuits against AIMA (Agência para a Integração, Migrações e Asilo), the agency that issues residence permits to every foreign national in the country 1. Three official figures came attached to the decision: 152,000 cases pending in first-instance administrative and fiscal courts, a resolution rate of 34 per cent, and a 216 per cent rise in case volume between 2023 and 2024.

The government has spent a year citing a falling AIMA caseload, down to 30,000 files from roughly a million inherited when the SEF border service was dissolved in 2023 . That number counts paperwork sitting inside the agency. It does not count the 124,000 lawsuits immigrants have filed against AIMA for never processing them, which sit in a different queue, in a different building, and grow for the same reason.

Portuguese administrative law, rather than litigious applicants, produced that wave. Where a public body misses its statutory decision deadline, an action to compel a decision is fast and cheap relative to waiting, so missed deadlines convert into court filings at close to one for one. A 28-judge task force at the Superior Council of Administrative and Tax Courts cleared 22,436 of the suits between April and June: 5,691 rulings in April, 8,705 in May, 8,040 in June, plus more than 47,000 procedural actions 2. It has stopped for judicial recess and resumes in September under a six-month operational plan. The president of the Supremo Tribunal Administrativo has said far more than 28 judges would be needed to hit the 2029 clearance target.

For a D8 visa applicant the jurisdiction change matters more than the new courts do. Every action against AIMA currently lands in Lisbon whatever the claimant's address, so one court district absorbs the litigation of an entire country and a family in Faro or Braga queues behind everyone else. Redistribute the filings and the same suits are worked by dozens of benches rather than one. Parliament has not approved the change, no date is set, and it has been folded into a National Plan for Immigrant Integration expected in September. In June, D8 holders were still waiting roughly nine months for a first residence card , and under the nationality law promulgated on 3 May the citizenship clock only starts once that card is issued.

Deep Analysis

In plain English

AIMA is Portugal's immigration and asylum agency, created in 2023 to replace the old border service, SEF. So many applicants have sued AIMA over delayed paperwork, 124,000 lawsuits and counting, that Portugal's courts cannot keep up: only 34 per cent of pending cases have been resolved, even after case numbers more than tripled in a single year. The government's response is to create special immigration courts and let other cities beyond Lisbon hear these suits. For anyone waiting on a Portuguese visa or residence card, including holders of the D8 digital-nomad visa, this matters because a lawsuit against AIMA has become a common way to force a decision when an application stalls. Whether the reform speeds up justice depends on how many judges the new courts get, beyond simply their new name.

Deep Analysis
Root Causes

AIMA absorbed SEF's caseload in 2023 without a matching increase in first-instance administrative court capacity, so a 216 per cent rise in case volume between 2023 and 2024 hit a court system sized for the old, smaller flow. The 34 per cent resolution rate reflects that structural mismatch rather than any single procedural failure.

Concentrating jurisdiction in Lisbon compounded the problem: every AIMA suit nationwide, regardless of where the applicant lived, funnelled through one city's court calendar, creating a queue length disconnected from national judicial capacity.

What could happen next?
  • Consequence

    Ending Lisbon's exclusive jurisdiction will disperse AIMA litigation across regional courts, which may initially slow cases as those courts build AIMA-specific expertise.

  • Risk

    If judge numbers assigned to the new specialised courts do not scale with the 152,000-case queue, the reform could replicate Greece's 2016 asylum-committee experience of a persistent backlog under a new name.

First Reported In

Update #12 · Portugal's backlog moved into the courts

Governo de Portugal· 28 Jul 2026
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