Dáil Éireann Debate, Wednesday - 19 October 2022
196. Deputy Catherine Connolly asked the Minister for Justice the number of international protection applicants deemed adult by the International Protection Office under Section 24 of the International Protection Act 2015 to date in 2022; and if she will make a statement on the matter. [52241/22]
Amharc ar fhreagraA 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). Where it appears to an immigration officer at the port of entry or the international protection officer at the IPO that the person seeking to make an application has not reached the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify Tusla of that fact.
Based on the acceptance by Tusla of the unaccompanied minor into their services, it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly.
Section 15(4) (b) of the International Protection Act 2015 provides that where it appears to Tusla on the basis of information, including legal advice available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years, in respect of whom Tusla is providing care and protection, it shall arrange for the appointment of an employee of Tusla or such other person as it may determine to make such an application on behalf of the child and to represent and assist the child with respect to the examination of the application.
Section 24 of the Act allows for an age assessment determination to be carried out on behalf of the Minister for the purposes of the International Protection Act 2015 due to new information or documentation received that has arisen during the assessment process of the application by an International Protection Officer.
Section 24 refers only to unaccompanied minor applicants who have had an application for international protection made on their behalf by Tusla under section 15(4) of the International Protection Act 2015.
To date in 2022 it has not been necessary to send any applicant for examination on behalf of the Minister to determine whether the applicant has not attained the age of 18 years.
