International Protection Act 2026
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PART 7 Examination of Applications for International Protection | ||
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Chapter 1 Medical examination for indications of past persecution or serious harm | ||
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Determining Authority may request medical examination for indications of past persecution or serious harm | ||
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148. (1) Where the Determining Authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm. | ||
(2) In the case of a minor, the medical examination referred to in subsection (1) shall only be carried out with the consent of the minor’s parent, guardian or such other adult who has responsibility for the care and protection of the minor, or in the case of an unaccompanied minor, the provisional representative person or representative person. | ||
(3) The medical examination referred to in subsection (1) shall be free of charge for the applicant and be paid for from public funds. | ||
(4) The registered medical practitioner who undertakes the medical examination referred to in subsection (1) shall have access to the results of any previous checks carried out in accordance with sections 29 and 30 and such checks may be taken into account for that medical examination. | ||
(5) Where no medical examination is carried out in accordance with subsection (1) the Determining Authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm. | ||
(6) The results of the medical examinations referred to in subsection (1) or subsection (5) shall be submitted to the Determining Authority and, in the case of an examination referred to in subsection (1), to the applicant as soon as possible and shall be assessed by the Determining Authority along with the other elements of the application. | ||
(7) The medical examination referred to in this section shall— | ||
(a) be undertaken only by a registered medical practitioner, | ||
(b) be the least invasive possible, and | ||
(c) be performed in a way that respects the applicant’s dignity. | ||
(8) An applicant’s— | ||
(a) refusal to undergo a medical examination, or | ||
(b) decision to undergo a medical examination on his or her own initiative, where such an examination does not take place within a suitable time-frame, taking into account the availability of appointments for medical examinations, | ||
shall not prevent the Determining Authority, or the Tribunal, from taking a decision on the application for international protection or appeal, as the case may be. |