International Protection Act 2026
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Age assessments | ||
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55. (1) Where, at any point following the making of an application and arising from one or more of the matters referred to in subsection (2), there are doubts in relation to the age of an applicant, the Determining Authority may arrange for an age assessment to be carried out to determine the age of the applicant (in this Act referred to as an “age assessment”) for the purposes of this Act, in accordance with this Chapter. | ||
(2) The matters referred to in subsection (1) are: | ||
(a) statements made by the applicant to— | ||
(i) an officer of the Minister, | ||
(ii) a member of An Garda Síochána, | ||
(iii) an immigration officer, | ||
(iv) a designated person within the meaning of Chapter 1 of Part 2 , | ||
(v) an Appeals Officer within the meaning of Part 13 , or | ||
(vi) a member of staff of the Child and Family Agency; | ||
(b) available documentary evidence; | ||
(c) any other matter that gives rise to a doubt as to the age of an applicant that a person referred to in paragraph (a) considers relevant. | ||
(3) An age assessment including a further age assessment referred to in section 59 or 60 carried out in relation to an applicant— | ||
(a) shall include a multi-disciplinary assessment that is carried out in accordance with section 56 , | ||
(b) may, as a last resort where an assessment referred to in paragraph (a) is inconclusive as to the age of an applicant, include a medical examination to determine age that is carried out in accordance with section 57 , | ||
(c) shall only be carried out by persons— | ||
(i) with the necessary qualifications, training or experience as prescribed under section 63 , and | ||
(ii) who are independent of a representative organisation, if any, designated under section 46 (1)(a) or appointed under section 46 (1)(b) in respect of the applicant concerned, a provisional representative person appointed or designated in respect of the applicant concerned or a representative person appointed in respect of the applicant concerned, | ||
and | ||
(d) shall be carried out in accordance with regulations made under section 63 . | ||
(4) An age assessment, including a further age assessment referred to in section 59 or 60 , or part of an age assessment, that requires the presence of an applicant shall not be carried out in relation to the applicant, other than in the presence of an interpreter, if required, and— | ||
(a) a provisional representative person appointed or designated in respect of the applicant, or a representative person appointed in respect of the applicant, | ||
(b) the applicant’s parent or another adult responsible for the applicant, or | ||
(c) where the presence of a person referred to in paragraph (b) is, on justified grounds, considered by the Determining Authority not to be in the best interests of the applicant, a person trained to safeguard the best interests of the child within the framework of the age assessment process. | ||
(5) An applicant’s legal representative or, with the consent of the applicant, a person nominated by that legal representative may be present at an age assessment, including a further age assessment referred to in section 59 or 60 or part of an age assessment, that requires the presence of the applicant. |