After two being held for two months, 33 migrants who arrived in Portugal by sea in early August have been released. Despite initial claims that they could travel freely within Portugal or abroad, legal experts have clarified they cannot leave the country.
The group, who came from Morocco on a wooden boat that reached Portuguese shores in Vila do Bispo on August 8, were held for 60 days in temporary lodging centres. On Monday, they were freed and placed in guesthouses under the supervision of Social Security authorities.
Their release followed legal deadlines: once the 60-day limit for detention expired, the law required their release. A court had already ordered their return to Morocco, but most have appealed that decision. Only one migrant accepted the ruling and went back voluntarily.
According to migration lawyer Joana Alves de Oliveira, the situation is straightforward under Portuguese law.
“These people are free to move within Portugal,” she told CNN Portugal. “But they cannot cross the border. If they go to Spain, for example, they remain in an irregular situation – only under another country’s jurisdiction.”
The lawyer added that the process is still ongoing. Filing an appeal doesn’t automatically stop the expulsion order, but migrants can take legal steps to delay it.
As she explained, the migrants can request an injunction with suspensive effect or apply for international protection. “A refugee request immediately interrupts the expulsion process,” the lawyer told CNN Portugal.
Alves de Oliveira also noted that being from Morocco doesn’t automatically exclude someone from refugee status.
“The Geneva Convention doesn’t look at nationalities,” she said. “It distinguishes between those migrating for economic reasons and those fleeing persecution for political, ideological, racial, or sexual reasons. Portugal has obligations as a signatory.”
Portugal’s AD government has lamented its inability to quickly remove illegal migrants, blaming what it calls a “heavy socialist legacy” and unchecked immigration. However, the lawyer states that the government must follow its legal obligations if it wants to be a part of international conventions such as the Geneva Convention.
“The government cannot complain about being unable to act quickly while claiming to comply with international law,” she said. “Either it respects its legal obligations – or it admits it doesn’t want to and leaves the international conventions.”
Currently, the 33 adults are being housed in São Pedro do Sul and Portimão, with four minors also under the care of Social Security. The legal process continues as appeals will be reviewed, injunctions may be filed, and asylum requests could temporarily halt expulsions.
Over the past six years, at least 140 migrants have landed on the Algarve coast.
