Acórdão nº 11750/14 de Tribunal Central Administrativo Sul, 12 de Fevereiro de 2015
Magistrado Responsável: | PAULO PEREIRA GOUVEIA |
Data da Resolução: | 12 de Fevereiro de 2015 |
Emissor: | Tribunal Central Administrativo Sul |
Acordam, em conferência, na 1ª Secção do Tribunal Central Administrativo Sul: I. RELATÓRIO · ABOUBACAR ………………., alegado nacional da Guiné-Conacri, detido no Centro de Instalação Temporária do Aeroporto de Lisboa, intentou Impugnação judicial da decisão do Diretor Nacional do Serviço de Estrangeiros e Fronteiras (SEF), de 04.04.2014, que lhe indeferiu o pedido de asilo por si formulado, nos termos do disposto no artigo 25º, nº1, da Lei nº 27/2008, de 30 de Junho (Estabelece as condições e procedimentos de concessão de asilo ou proteção subsidiária e os estatutos de requerente de asilo, de refugiado e de proteção subsidiária) (1), atualizada, contra · M.A.I./ Serviço de Estrangeiros e Fronteiras.
Pediu ao T.A.C. de LISBOA o seguinte: “Deve julgar-se procedente a presente impugnação judicial, condenando-se o SEF a admitir o pedido de asilo, pelas declarações do ora A. sendo justo a aplicação do princípio do benefício da dúvida ou à cautela que seja ordenada a instrução do processo para verificar as condições atuais da Guine Conacri por parte do SEF; Deverá ser notificado o Conselho Português de Refugiados e ACNUR a fim de se pronunciar pela admissibilidade do pedido de asilo, conforme estipula a Lei. Mais se requerendo que esta mesma decisão administrativa seja suspensa na execução, de acordo com o art°25, nº1 da Lei nº27/2008, de 30 de Junho e que a presente ação seja de imediato notificada Ao Serviço de Estrangeiros e Fronteiras, centro de Instalação Temporária do Aeroporto, a fim do impugnante não ser deportado para a Guiné Conacri.” * Por sentença de 21-10-2014, o referido tribunal decidiu julgar improcedentes os pedidos.
* Inconformado, o a. recorre para este Tribunal Central Administrativo Sul, formulando na sua alegação as seguintes conclusões: 1. O ora impugnante é perseguido por ser de etnia Soussou e não falar malinké.
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Parece-nos a nós, salvo melhor opinião, que o relato do ora A.
é convincente quanto ao facto de ser ameaçado, porque demonstrou com as suas declarações que pertence aos Soussou, tendo especificado como foi perseguido, agredido e fugiu, sendo que é mais que credível que os malinké, dos quais fazem parte os militares, irão exercer represálias se o mesmo voltará Guine Conacri, sentindo-se com medo e por isso ter fugido do Pais de origem e da sua residência habitual, devido à situação de insegurança vivida em consequência da perseguição que afirmou ter sido vitima podendo vir a ser enquadrada tal situação muito bem no artº 7, nº 2, alínea c) da lei de asilo (2), nomeadamente pelo facto de não se poder garantir que o ora impugnante venha a ter uma vivência tranquila ao regressar ao seu pais de origem, bem como pelo facto de existir enorme risco de ser perseguido pelos malinké e bem como que venha a ser morto pelos malinké conforme declarações do mesmo, porquanto o já terem ameaçado diretamente por pertencer aos Soussou.
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Pois que face a tal contexto sociopolítico da Guiné Conacri não são infundadas as declarações do ora A. quanto ao medo de sofrer ofensa grave à sua integridade física, ou vir a torturado, caso volte ao seu país de origem, derivado do facto dos malinké os encontrarem caso o ora A volte ao seu país de origem, sendo que o estado da Guiné Conacri é um Pais sobejamente conhecido pela suspensão da constituição e...
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