International Protection Act 2026

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Assessment of special reception needs

81. (1) The Minister shall, as soon as practicable, and not later than 30 working days, after an application is made or deemed to have been made under Part 3 or an indication is given under paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, individually assess—

(a) whether the applicant has special reception needs, and

(b) if so, the nature of those special reception needs.

(2) Where necessary for the purposes of ensuring appropriate communication during the assessment under subsection (1), the applicant shall be provided with the services of an interpreter.

(3) The assessment under subsection (1) may be integrated with the assessment referred to in Article 20 of the Asylum Procedures Regulation.

(4) Where subsection (3) applies, the assessment under subsection (1) must be continued after the application is lodged under section 40 , taking into account any information in the applicant’s file.

(5) Notwithstanding the period referred to in subsection (1), where the Minister considers it necessary to do so, the Minister may at any stage after the expiry of that period, individually assess—

(a) whether an applicant has special reception needs, and

(b) if so, the nature of the applicant’s special reception needs.

(6) The Minister for Health and the Health Service Executive shall provide the Minister with such assistance as is necessary for the performance by the Minister of the Minister’s functions under this section.

(7) The Minister shall ensure that a person carrying out an assessment under this section—

(a) is trained to detect signs that an applicant has special reception needs,

(b) is trained to identify measures to address those special reception needs when identified, and

(c) attends training where necessary in order to ensure that the person remains sufficiently qualified to detect and identify measures to address the special reception needs of an applicant.

(8) An assessment under subsection (1) shall be initiated by identifying special reception needs based on one or more than one of the following indicators:

(a) visible signs from the applicant that the applicant may have special reception needs;

(b) the applicant’s statements;

(c) the applicant’s behaviour;

(d) where the applicant is a minor:

(i) where applicable, statements from the minor’s parents or the adult taking responsibility for the minor;

(ii) where designated or appointed, as the case may be, statements from the representative person or the provisional representative person of the minor;

(iii) the statements and views of the minor in accordance with the minor’s age or maturity.

(9) When assessing under this section whether an applicant may have special reception needs, the assessment shall take into consideration that the following categories of applicants are more likely to have special reception needs:

(a) minors;

(b) unaccompanied minors;

(c) persons with disabilities;

(d) elderly persons;

(e) pregnant women;

(f) lesbian, gay, bisexual, transgender and intersex persons;

(g) single parents with minor children;

(h) victims of trafficking in human beings;

(i) persons with serious illnesses;

(j) persons with mental disorders, including post-traumatic stress disorder;

(k) persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, victims of gender-based violence, of female genital mutilation, of child or forced marriage, or of violence committed with a sexual, gender, racist or religious motive.

(10) Where the applicant has been assessed as having special reception needs, the following information shall be included in the applicant’s file:

(a) the nature of the applicant’s special reception needs;

(b) a description of the visible signs or the applicant’s statements or behaviour relevant for the assessment of the applicant’s special reception needs;

(c) measures that have been identified to address those needs;

(d) the authorities responsible for addressing those needs.

(11) Where there are indications that the mental or physical health of the applicant could affect the applicant’s reception needs, the person assessing the special reception needs of the applicant under this section shall, subject to the prior consent of the applicant, refer the applicant to an appropriate registered medical practitioner or psychologist (within the meaning of the Health and Social Care Professionals Act 2005 ) for further assessment.

(12) The Minister shall take into account the result of the assessment under this section when deciding on the type of special reception support which may be provided to the applicant and shall make arrangements for the provision of such support.

(13) Where necessary for the purposes of ensuring appropriate communications with the registered medical practitioner or psychologist following a referral in accordance with subsection (11), the applicant shall be provided with the services of an interpreter to ensure that the applicant can communicate with the registered medical practitioner, psychologist or other medical staff.

(14) Where the lack of an interpreter would risk delaying treatment by a registered medical practitioner or psychologist, an oral translation may, subject to the applicant’s consent, be provided by other persons who have attained the age of 18 years.