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International Protection

Dáil Éireann Debate, Tuesday - 31 May 2022

Tuesday, 31 May 2022

Questions (594)

Duncan Smith

Question:

594. Deputy Duncan Smith asked the Minister for Justice the number of protection applicants that were noted as not being unaccompanied minors following participation in the Tusla age assessment procedure but had presented with a date of birth which would make them under 18 years of age at the time their case was opened when they entered the international protection process in 2020 and 2021; if she will provide a breakdown by nationality; and if she will make a statement on the matter. [27793/22]

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Written answers

A person arriving in the State can seek to apply for international protection at a port of entry or at the offices of the International Protection Office (IPO). The immigration officer at the port of entry or the international protection officer at the IPO will refer a person to Tusla, the Child and Family Agency, if they present with a date of birth which would make them under 18 years of age. No preliminary interview under section 13 under the International Protection Act 2015 will be conducted for that person.

Tusla will assess the person’s age under the Child Care Act and, if Tusla deems the person as an adult, Tusla will refer the person to the IPO to apply for international protection.

The table below provides statistics on the number of applications made by persons deemed an adult by Tusla. Where the number of applications for individual countries is low (less than 6), a breakdown by country is not provided. This is for reasons of confidentiality, as provided for under Section 26 of the International Protection Act 2015.

Applications from persons 'deemed adult' by Tusla

2020 and 2021

 .

2020

2021

Afghanistan

5

13

Somalia

5

6

South Africa

5

0

Eritrea

0

5

Congo

0

5

Guinea

5

0

Georgia

0

5

Albania

0

5

Total

11

25

If Tusla deems a person as an unaccompanied minor, Tusla will decide if it is in the best interest of the child to make an application for international protection under section 15(4) of the International Protection Act 2015. 

Section 15(4) of the 2015 Act provides that where it appears to Tusla, the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a child under 18 in respect of whom it is providing care and protection, it shall arrange for an employee of the Agency to make an application on behalf of the child and to represent and assist the child with respect to the examination of the application.

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