International Protection Act 2026
|
Preliminary vulnerability assessment | ||
|
30. (1) An officer or agent of the Minister referred to in subsection (2) shall carry out or cause to be carried out an assessment of an applicant (in this section referred to as a “preliminary vulnerability assessment”) for the purpose of identifying whether the applicant may— | ||
(a) be a stateless person, | ||
(b) be vulnerable or a victim of torture or other inhuman or degrading treatment, | ||
(c) have special reception needs within the meaning of Article 24 of the Reception Conditions Directive, or | ||
(d) require special procedural guarantees within the meaning of Article 21 of the Asylum Procedures Regulation. | ||
(2) A preliminary vulnerability assessment shall be carried out by officers or agents of the Minister who have received specialised training in the conduct of such assessments and the officers or agents of the Minister may be assisted in the conduct of such assessments by healthcare professionals who have received specialised training in the conduct of such assessments and with whom or in respect of whom the Minister has entered into a contract for services. | ||
(3) Subject to subsection (4) and section 33 (1)(e), the results of the preliminary vulnerability assessment may be transmitted to the Determining Authority where the applicant so consents. | ||
(4) The Minister shall, when registering an application under section 39 , include information on any first indications that the applicant may require special procedural guarantees in accordance with Article 20(2) of the Asylum Procedures Regulation in the applicant’s file and shall make that information available to the Determining Authority. | ||
(5) Where the Minister considers that the applicant requires special procedural guarantees referred to in subsection (1)(d), the Minister shall make arrangements to provide such guarantees in such form and manner as the Minister considers appropriate. | ||
(6) A preliminary vulnerability assessment and a preliminary health assessment under section 29 may, where appropriate, form part of, or the entirety of, the assessment under section 81 or Article 20 of the Asylum Procedures Regulation. | ||
(7) A preliminary vulnerability assessment may include an assessment as to whether a personal interview under section 151 would be in the best interests of an applicant who is a minor. |