International Protection Act 2026
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Request by applicant for further age assessment | ||
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59. (1) An applicant may request a further age assessment following a determination referred to in section 56 (2)(a), 56 (2)(b), 56 (2)(c), 57 (5)(a), 57 (5)(b), 57 (5)(c) or 58 (a) and the effect of the determination concerned shall be suspended until the Determining Authority makes a determination under subsection (6). | ||
(2) A request under subsection (1) shall be made in writing in accordance with subsection (9) and within 10 working days of the notification referred to— | ||
(a) in relation to a determination following an age assessment, in section 56 (3), | ||
(b) in relation to a determination following an age assessment and a medical examination to determine age, in section 57 (6), or | ||
(c) in relation to a determination based on an age assessment in a Member State other than the State, in section 58 (b). | ||
(3) A request under subsection (1) may include submissions of the applicant, 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 that are relevant to the request for a further age assessment. | ||
(4) Following a request made by an applicant in accordance with subsection (1), a further age assessment shall be carried out by a person— | ||
(a) who was not involved in a multi-disciplinary assessment carried out under section 56 in respect of the applicant or a medical assessment to determine age under section 57 in respect of the applicant, and | ||
(b) in accordance with regulations, if any, made under section 63 (3). | ||
(5) A further age assessment carried out in accordance with subsection (4) shall take into consideration any submissions made in accordance with subsection (3). | ||
(6) The Determining Authority shall, following a further age assessment carried out in accordance with this section determine, subject to sections 60 and 62 , that the applicant— | ||
(a) is a minor and shall be considered to be a minor for the purposes of this Act, | ||
(b) is not a minor, and shall be considered not to be a minor for the purposes of this Act, or | ||
(c) where the further age assessment is not conclusive, shall be presumed to be a minor for the purposes of this Act. | ||
(7) The Determining Authority shall notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated for the applicant or a representative person appointed for the applicant, in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand, of the determination under subsection (6). | ||
(8) 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 and subject to the age of the applicant being verified under section 62 , a determination under subsection (6) shall be final. | ||
(9) The Minister shall publish the form in which a further age assessment shall be requested in accordance with subsection (2) on a website maintained by or on behalf of the Minister or the Government. |