International Protection Act 2026

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Preliminary health assessment

29. (1) Subject to subsections (2), (6) and (7), an applicant shall be subject to a preliminary assessment of the applicant’s health (in this section referred to as a “preliminary health assessment”) carried out by a qualified medical professional for the purposes of identifying whether the applicant—

(a) requires urgent or acute medical care, or

(b) has or may have an illness which may pose a threat to public health, including an infectious disease (within the meaning of the Health Act 1947 ).

(2) An applicant shall not be subject to a preliminary health assessment where—

(a) the applicant holds a valid registration certificate under section 9(4A) of the Act of 2004, or

(b) the applicant is a minor exempted from the obligation to register under section 9(6)(a) of the Act of 2004 and the minor’s parent or guardian holds a valid registration certificate under that section 9(4A),

unless the applicant or, where the applicant is a minor, the applicant’s parent or guardian, requests that a preliminary health assessment be carried out.

(3) Subject to subsection (4), a preliminary health assessment shall consist of one or more than one of the following, as considered appropriate by a qualified medical professional for the purposes referred to in subsection (1):

(a) an interview with the applicant in relation to the applicant’s health and medical history;

(b) an examination of the applicant by a qualified medical professional;

(c) such medical tests as a qualified medical professional considers appropriate.

(4) A preliminary health assessment shall be the least invasive possible for the purposes referred to in subsection (1).

(5) A report of a qualified medical professional completed in respect of a preliminary health assessment conducted in respect of an applicant under this section shall—

(a) be provided to the registered medical practitioner conducting the examination referred to in section 148 (if any),

(b) be made available to the applicant as soon as practicable, and

(c) be accessible to the Minister and, where applicable, the Tribunal.

(6) An applicant may refuse to undergo a preliminary health assessment or, at any point during the conduct of the preliminary health assessment, request that the preliminary health assessment cease, and in either such case the preliminary health assessment shall not be carried out or shall cease unless a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection (1)(b).

(7) In the case of an applicant who is a minor, the preliminary health assessment shall only be carried out with the consent of the minor’s parent, such other adult who has responsibility for the care and protection of the minor, a provisional representative person or a representative person, as the case may be and, where such consent is not provided, the preliminary health assessment shall only be carried out where a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection (1)(b).

(8) Where subsection (6) applies or consent is not provided in accordance with subsection (7), the preliminary health assessment shall only be done in so far as is necessary for the purposes of subsection (1)(b).

(9) An applicant shall be informed by an officer of the Minister or a qualified medical professional, prior to the conduct of a preliminary health assessment under this section, of—

(a) the right to refuse to undergo a preliminary health assessment or to request that such an assessment cease in accordance with subsection (6), and

(b) the fact that the report completed in respect of the preliminary health assessment shall—

(i) be provided to the registered medical practitioner for the purposes of section 148 , and

(ii) be accessible to the Minister and, where applicable, the Tribunal.

(10) The Minister for Health and the Health Service Executive shall provide the Minister with such assistance as is necessary for the purposes of this section.

(11) A preliminary health assessment done in respect of an applicant under this section may be taken into account for the purposes of the applicant’s medical examination referred to in section 148 .