I am fully committed to ensuring that Ireland’s International Protection system is robust and rules based, and that our borders are protected.
Under the provisions of the International Protection Act 2015, Section 14 requires the International Protection Office to refer an unaccompanied minor to Tusla. Tusla then carry out an assessment for eligibility for services under the Childcare Acts. Where Tusla find that the applicant is not an unaccompanied minor (UAM), the applicant is returned to the IPO to make their application as an adult. It remains open to the applicant to request a re-assessment based on submission of a valid form of identity which supports these assertions.
In cases where Tusla have determined an individual is not eligible to access their services, the individual's application is managed through the process as an adult and accommodated as such.
Between 2023 and 2025, 770 individuals who had presented as unaccompanied minors were referred by the IPO to Tusla. Complete data for 2023 is not readily available. However, in an effort to address the Deputy’s question, I can confirm that, of the individuals who were referred to Tusla between 2024 and March 2026, 60% subsequently made applications in the IPO as minors, 27% as adults and 13% had, at the time of analysis, not yet made an application. Additionally, between 2024 and March 2026, there were 5 applicants who were referred to Tusla under this process, made their application as an adult and were subsequently determined to be children.
As the Deputy will be aware, the International Protection Act 2026 was passed into law in April and gives effect to the EU Migration and Asylum Pact. My Department continues to focus on preparing for these new rules to take effect on 12 June 2026.
The Act brings additional safeguards into the age assessment process such as the appointment of a representative to the applicant and additional assessment criteria underage assessment such as a psychosocial assessment.
Under the Pact,
* Where age cannot be established, a presumption of minority will apply and the applicant will be referred to Tusla, as soon as possible.
* The Department will complete an age assessment on applicants claiming to be an UAM. The assessment will be multidisciplinary, carried out by trained professionals and use the least invasive methods available. This process is currently being designed and Tusla are represented on the working group carrying out this design work.
* Those who claim to be an UAM will be assigned a representative who will assist them throughout screening, including, where applicable, the age assessment process. The role of such a representative will also be to assist and guide the individual through the international protection application process with a view to safeguarding the best interests of the child and, in particular, to assist with the lodging of the application for international protection and the personal interview.
