Whether or not documented in the country, all foreign citizens have the right to press charges if they have been victims of a crime. No police or judicial authority may refuse to receive a report/complaint based on the fact that the victim does not possess a visa or residence permit in Portugal. In case the person is refused assistance, he/she should file a complaint in the Official Complaints book and also to the superior of the public servant who has refused said assistance.
Even if the migrant citizen is currently in an irregular situation, he/she cannot be prevented from the possibility of pressing charges. However, the Police authorities have the obligation of contacting the Immigration and Borders Service (SEF) and report that they have been in communication with an undocumented migrant citizen. This will result in the migrant citizen being notified by the SEF so as to mandatorily regularize his/her situation, in order to avoid a legal order to voluntarily leave the country. If you are undocumented and you have been a victim of a crime, get in contact with APAV | Support Network for Migrant and Discrimination Victims so that we may inform you of your rights and help you find a solution to your case. To know more about your rights as a crime victim, please visit the website of Project Info victims.
Whether a national or a foreign citizen, even if undocumented, every victim of crime has the right to request compensation. There are two possible types of compensation requests: request made to the person who committed the crime, within the criminal proceedings, and the request made to the State, in case of either violent crimes or domestic violence.
People affected by crime may experience some emotional and even physical reactions, which result from the negative impact of the victimization. In the case of migrant citizens, these reactions may have some specific characteristics, eventually leading the migrant to question the perception that he/she has of him/herself and of his/her acceptance in the host community.
The management of these symptoms, through the psychosocial and psychological support that APAV provides can help minimize these effects, bringing some comfort and stability to migrants or foreigners both victims of crime and discrimination.