International Protection Act 2026

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Medical examination to determine age

57. (1) A medical examination to determine age shall not be carried out, unless, prior to the examination—

(a) the applicant is informed, in an age-appropriate manner and in a language that the applicant understands or is reasonably supposed to understand, of the possibility that the age of the applicant may be assessed by means of a medical examination and the consequences under subsection (4) of refusing to undergo the examination,

(b) where applicable, a parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant, or a representative person appointed in respect of the applicant, is informed in a language that the parent or adult responsible understands or is reasonably supposed to understand of the possibility that the age of the applicant concerned may be assessed by means of a medical examination and the consequences under subsection (4) of the applicant refusing to undergo the examination, and

(c) having been informed of the matters set out in paragraph (a) in accordance with that paragraph, the applicant has consented to the medical examination, and a person referred to in paragraph (b) has consented, in relation to the applicant, to the medical examination.

(2) The consent referred to in paragraph (c) of subsection (1) may be given orally or in writing and if given orally—

(a) the person performing the medical examination to determine age shall, as soon as practicable, make a written record of the consent, and

(b) the written record of the consent shall be entered in the applicant’s file.

(3) A medical examination to determine an applicant’s age shall be—

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

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

(c) performed in accordance with regulations made under section 63 (2)(a), and

(d) carried out by a designated healthcare professional who has the training and qualifications as prescribed under section 63 (2)(b).

(4) A refusal by an applicant to consent to, or a refusal by a person referred to in subsection (1)(b) in relation to an applicant to consent to the applicant undergoing a medical examination—

(a) shall not prevent the Determining Authority or Tribunal from taking a decision on the application for international protection or appeal, as the case may be, and

(b) may give rise to a rebuttable presumption that the applicant is not a minor.

(5) Following a medical examination carried out in relation to an applicant, the Determining Authority shall—

(a) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to an applicant being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is a minor for the purposes of this Act,

(b) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to the applicant not being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is not a minor for the purposes of this Act, or

(c) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, not conclusive, determine, subject to sections 59 , 60 and 62 , that the applicant is presumed to be a minor for the purposes of this Act.

(6) The Determining Authority shall, as soon as practicable following a medical examination to determine age carried out in relation to an applicant, notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant—

(a) of a determination referred to in subsection (5)(a), (b) or (c), and

(b) of the applicant’s right to request a further age assessment in accordance with section 59 ,

in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.

(7) Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60 , subject to the right of an applicant to request a further age assessment under section 59 and subject to the age of the applicant being verified under section 62 , a determination under subsection (5) shall be final.

(8) In this section, a “designated healthcare professional” means—

(a) a registered medical practitioner within the meaning of the Medical Practitioners Act 2007 ,

(b) a registered dentist within the meaning of the Dentists Act 1985 ,

(c) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or

(d) a member of one or more of the following designated professions within the meaning of the Health and Social Care Professionals Act 2005 , namely:

(i) psychologist;

(ii) social care worker;

(iii) social worker;

(iv) such other designated profession, within the meaning of section 3 of that Act, as the Minister, following consultation with the Minister for Health, may prescribe.