question about Brazilian refused entry into Portugal

[slowfish]

I have a question that I hope someone on this list might be able to help me with.
I have a Brazilian friend who wanted to travel to Switzerland, via Portugal. She had a letter of invitation from someone in Switzerland, but Portuguese customs authorities detained her on arrival in Lisbon airport, and after several hours, sent her back to Brazil.
My first and main question is, is she likely to be able to gain entry to Switzerland if she tries again, even if she goes via another European country (Switzerland being in Schengen)? We wondered if there is some sort of centralized computer system that keeps the names of those sent back and that those people might be automatically turned away if they arrive somewhere else?
On a different level, we wondered if the Portuguese customs people's behaviour was legal: they detained her for several hours and took away her cellphone. They jeered at her and didn't tell her why they wouldn't let her through. They didn't stamp her passport but wrote something in it, in illegible handwriting.
I hope that someone here will be able to help me understand what we should do next.
Thanks
SF

[Obie]

I have heard a lot about Portuguese barbarism but i have certainly not heard about them sending someone with a valid visa away, without a valid explanation.

Does he/ she have any idea why they refused her entry. If all the conditions listed below are met, she should not be refused entry. She can certainly appeal against her treatment.

Entry conditions for third-country nationals

The Schengen rules include uniform rules as to the type of visas which may be issued for a short-term stay, not exceeding 90 days, on the territory of one, several or all of those States. The rules also include common requirements for entry into the Schengen area, and common procedures for refusal of entry.

According to the Schengen Borders Code, the conditions applying to third-country nationals for entry are as follows:[29]

* The third-country national is in possession of a valid travel document or documents authorising them to cross the border; the acceptance of travel documents for this purpose remains within the domain of the member states;[30]
* The traveller either possesses a valid visa (if required) or a valid residence permit;
* The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;
* There has not been issued an alert in the Schengen Information System for refusal of entry of the traveller, and
* The traveller is not considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen states.

In other words, mere possession of a Schengen visa does not confer automatic right of entry. It will only be granted if the other transit or entry conditions laid down by EU legislation have been met, notably the means of subsistence that aliens must have at their disposal, as well as the purpose and the conditions of the stay.

[teasho]

Yes there is a centralized computer system used by all EU member states. Any information input in this system is accessible by all EU countries. A new passport or traveling to a different country cannot hide your previous immigration history

[slowfish]

thank you for this helpful reply. do you know if an individual can access the information concerning him or her in this centralized computer system? if so, who should one contact about this?
Thanks again!

[Obie]

See Article 109 of the rules here and Also see this one

You have to contact this body and they will decide whether you can access the information.

[slowfish]

thanks for this - very very helpful indeed, I really appreciate it!

[newperson]

I have heard a lot about Portuguese barbarism...

Listen, comments like that slurring an entire nation, even in half-jest, are bang out of order on a forum like this. And I'm guessing you know that yourself.

[Obie]

Listen, comments like that slurring an entire nation, even in half-jest, are bang out of order on a forum like this. And I'm guessing you know that yourself.

If you try not to take my comments out of context, you will realise I was referring to the Portuguese Immigration or border authorities.

I have read several reports from human rights organisations of violation of immigrant or visitors human rights. I have been to Lisbon once, and saw first handed the amount of force and inhumane measures applied to force an immigrant into a flight. I was truly horrified.

Therefore any open minded person will realise my comments are not a slur on an entire nation, rather they will read my comment in its entirety and context, before accusing me of wrong doing.

[newperson]

I understood that you were focusing your comments generally on the Portuguese immigration authories, although I would hope that there are a few good apples in that bunch as well. However, I have to stand by my earlier comment. A sweeping, angry phrase expanding on "Portuguese barbarism" does not lend itself to specific examples, but many many people. Both inside and outside the immigration service.

My father is Portuguese. His mother is Portuguese. And I have dozens of lovely relatives whom I'm sure would never behave in a way described by the OP here, if that was the case. Your original comments, although now further clarified, seemed to be using an overly-wide and severe brush. Which in an anonymous, international forum such as this one, would appear to be wholly off the mark.

[Obie]

With all due respect mate, i am not referring to your family or the vast majority of peace loving and welcoming Portuguese. I will never envisage such an action. It is not in my nature.

I was referring to the Portuguese Law enforcement and government body, and if i may extend, certain lovey within Portuguese society.

If you would care to read this Amnesty International report you would realise that i am not the only one expressing this fact. It is the order of the day in all sphere of Portuguese Law enforcement practice which include the border control officials.

[slowfish]

Thanks again for your replies to my question.

About this part of the conditions for entry:
'The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;'

are there objective criteria customs officials should apply when determining whether the traveller has justified 'the purpose and conditions of the intended stay' and whether she has 'sufficient means of subsistence.'?

Thanks

[Wanderer]

Thanks again for your replies to my question.

About this part of the conditions for entry:
'The traveller can justify the purpose and conditions of the intended stay and has sufficient means of subsistence, both for the duration of the intended stay and for the return to his or her country of origin or transit to a third country into which the traveller is certain to be admitted, or is in a position to acquire such means lawfully;'

are there objective criteria customs officials should apply when determining whether the traveller has justified 'the purpose and conditions of the intended stay' and whether she has 'sufficient means of subsistence.'?

Thanks

I think they're looking for proof ur friend has enough money to live on whilst in Schengenland.

[Ben]

sending someone with a valid visa away

Did the person have a valid visa?

[Obie]

Did the person have a valid visa?

Are you referring to the OP's friend. I certainly believe he/she would have had a valid visa.

It would be a huge miscalculation on the individual's part, to think they can travel to Europe with an invalid visa and expect to gain an entry with it.

I am confident that he/she will be languishing in Portuguese jail if not in position of a valid visa.

[Rozen]

Did the person have a valid visa?

Are you referring to the OP's friend. I certainly believe he/she would have had a valid visa.

It would be a huge miscalculation on the individual's part, to think they can travel to Europe with an invalid visa and expect to gain an entry with it.

I am confident that he/she will be languishing in Portuguese jail if not in position of a valid visa.

Perhaps the OP would care to clear up that point. Did this friend have a valid visa or not? If not, then she was just asking for trouble from the Portuguese immigration authorities.

[eldane]

Portuguese nationals does not require visa to enter the Schengen area.
http://en.wikipedia.org/wiki/European_U ... _countries

According to REGULATION (EC) No 562/2006 if one is refused at the border one will be given a Standard form for refusal of entry at the border seen on page 23 of said directive.

[Ben]

Portuguese nationals does not require visa to enter the Schengen area.
http://en.wikipedia.org/wiki/European_U ... _countries

We are discussing a Brazilian national, not a Portuguese national.

However, Brazilian nationals also do not require a visa for the purpose of a visit.

[eldane]

Write error should have red Brazillian and not Portugues so a Brazillian does still not requiere visa.

[Obie]

However, Brazilian nationals also do not require a visa for the purpose of a visit.

Good you brought that up. I did not even know they are visa exempted to all Schengen countries until just now. This in essence remove the question of whether or not the OP's friend had a valid visa .

My main concern is that they did not have the decency of telling the individual why he/she is being denied entry into Portugal.

That is the most basic thing you will expect from any competent authority.