International Protection Act 2026
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Guarantees for minors | ||
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31. (1) The best interests of the child shall be a primary consideration in the carrying out of procedures in respect of a minor under this Part. | ||
(2) Subject to subsection (3), an applicant who is a minor who is provided with information orally under section 26 or who is subject to the procedures under section 29 or 30 shall be accompanied by the minor’s parent, or such other adult who has responsibility for the care and protection of the minor, while being provided with that information or for the duration of those procedures, as the case may be. | ||
(3) The Minister shall, as soon as practicable, ensure that a provisional representative person, representative person or an employee of, or other person appointed by, the Child and Family Agency accompanies the minor while the minor is being provided with the information or for the duration of the procedures referred to in subsection (1), where— | ||
(a) the minor’s parent or such other adult who has responsibility for the care and protection of the minor cannot be contacted, | ||
(b) the minor’s parent or such other adult who has responsibility for the care and protection of the minor refuses to, or cannot, accompany the minor, or | ||
(c) the attendance of the minor’s parent or such other adult who has responsibility for the care and protection of the minor is not, on justified grounds, considered to be in the best interests of the minor by the Child and Family Agency. | ||
(4) For the purposes of subsection (3)(c), “justified grounds” includes but is not limited to circumstances where: | ||
(a) the minor is not receiving adequate care and protection; | ||
(b) the minor requests that a person other than the minor’s parent or such other adult who has responsibility for the care and protection of the minor attend. |