Best Asylum Lawyers in Luanda

About Asylum Law in Luanda, Angola

Asylum law in Luanda, Angola, provides protection for individuals who have fled their home countries due to persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Angola is a member of the United Nations and adheres to the 1951 Refugee Convention and its 1967 Protocol, which outline the rights of refugees and the legal obligations of states to protect them. The Angolan government, through the Serviço de Migração e Estrangeiros (SME), manages asylum applications and refugee status determinations.

Why You May Need a Lawyer

Seeking asylum is a complex legal process that can be challenging to navigate without professional assistance. Common situations where legal help may be required include:

• Understanding eligibility criteria and preparing the initial application.
• Representing the applicant during interviews with immigration authorities.
• Gathering and presenting evidence to support the asylum claim.
• Appealing a denial of asylum, if necessary.
• Ensuring compliance with local laws and international obligations.

A lawyer specialized in asylum law can provide crucial support, advice, and representation throughout this process.

Local Laws Overview

Angola incorporates international conventions on refugees into its national legislation. Key local laws related to asylum in Luanda include:

• Lei 8/90: This law defines the legal framework for refugees in Angola, including the rights of asylum seekers and the responsibilities of the government.
• Decree No. 38/01: This decree outlines procedural guidelines for the determination of refugee status and the responsibilities of the Serviço de Migração e Estrangeiros (SME).
• Angolan Immigration Act: This act governs the entry, stay, and exit of foreign nationals, including asylum seekers.

Understanding these laws is crucial for navigating the asylum process successfully.

Frequently Asked Questions

What is asylum?

Asylum is a form of international protection granted to individuals who have fled their home country due to persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Who can apply for asylum in Angola?

Any individual who fears persecution in their home country and meets the criteria set forth in the 1951 Refugee Convention can apply for asylum in Angola.

How do I apply for asylum in Luanda?

You need to submit an application to the Serviço de Migração e Estrangeiros (SME). The process involves filling out forms, providing personal information, and attending an interview with immigration officials.

How long does the asylum process take?

The duration of the asylum process can vary widely depending on the specifics of the case and the workload of the SME. It can take several months to more than a year for a decision to be made.

Can I work while my asylum application is being processed?

Individuals with pending asylum applications may be granted the right to work, but this is subject to the discretion of the SME. It is advisable to seek legal advice on this matter.

What happens if my asylum application is denied?

If your asylum application is denied, you have the right to appeal the decision. This process typically involves presenting additional evidence and possibly attending another hearing.

Can I apply for permanent residency while I am an asylum seeker?

Asylum seekers may be eligible for permanent residency if they are granted refugee status. Specific requirements and procedures apply, and legal advice is recommended.

What are my rights as an asylum seeker in Angola?

As an asylum seeker, you have the right to seek protection, receive a fair assessment of your application, and not be forcibly returned to your home country while your application is being processed.

Can family members be included in my asylum application?

Yes, immediate family members who are dependent on you can be included in your asylum application. This typically includes your spouse and children under 18.

Where can I find legal help for my asylum case in Luanda?

You can contact legal aid organizations, NGOs specializing in refugee rights, or accredited immigration lawyers for assistance with your asylum case.

Additional Resources

For further assistance, you may refer to the following resources:

• Serviço de Migração e Estrangeiros (SME): The primary governmental body responsible for immigration and asylum matters in Angola.
• UNHCR Angola: The United Nations High Commissioner for Refugees offers support and information for asylum seekers and refugees.
• Caritas Angola: An organization that provides various forms of aid, including legal assistance, to refugees and asylum seekers.
• Refugee Legal Aid Providers: A directory of legal aid providers specializing in refugee law.

Next Steps

If you require legal assistance with your asylum case in Luanda, Angola, consider taking the following steps:

1. Gather all relevant documents and information related to your claim.
2. Contact local legal aid organizations or NGOs for initial advice and support.
3. Schedule a consultation with an immigration lawyer specializing in asylum law.
4. Prepare for your application interview with the Serviço de Migração e Estrangeiros (SME).
5. Follow up on your application status and be ready to provide additional information if requested.

By taking these steps, you can ensure that you are well-prepared to navigate the asylum application process and increase your chances of a successful outcome.