International Protection Act 2015

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Examination to determine age for purposes of subsection (7) of section 20

25. (1) For the purposes of paragraph (b) of subsection (7) of section 20 , the Minister may arrange for the carrying out of an examination (in this section referred to as an “examination”) in order to determine the age of a person.

(2) A member of the Garda Síochána or an immigration officer who has formed a belief to which paragraph (b) of subsection (7) of section 20 applies may request the Minister to make an arrangement under subsection (1) and the Minister shall, upon receipt of such request make such an arrangement.

(3) The Minister shall ensure that a person in respect of whom it is proposed to make an arrangement under subsection (1) is informed, prior to the examination concerned, in a language that the applicant may reasonably be supposed to understand, of—

(a) the possibility that the age of the applicant may be determined by an examination,

(b) the method or methods to be used in the examination, and

(c) the consequences of refusal on the part of the applicant to undergo the examination.

(4) An examination under subsection (1) shall not be carried out without the consent of—

(a) the applicant concerned, or

(b) one of the following:

(i) an adult who is taking responsibility for the care and protection of the person; or

(ii) an employee or other person appointed by the Child and Family Agency under subsection (4) of section 15 .

(5) An examination under subsection (1) shall be—

(a) performed with full respect for the person’s dignity,

(b) consistent with the need to achieve a reliable result, the least invasive examination possible, and

(c) where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.

(6) The best interests of the child shall be a primary consideration in the application of this section.