The legal basis for undertaking age assessments for unaccompanied minors seeking international protection is set out in the International Protection Act 2026, and, as such, assessments fall under the remit of the Minister for Justice, Home Affairs and Migration. The Act also provides a statutory framework for age assessments, where there are doubts regarding an international protection applicant's age.
Under the new Act, age assessments are based on multi-disciplinary assessment where there are doubts regarding an applicant's age. The legislation also provides for the appointment of representatives to act on behalf of unaccompanied minors to safeguard their best interests and wellbeing throughout the international protection process.
It is of the utmost importance that a timely and robust age assessment process is undertaken to ensure that no adults claiming to be minors are referred to Tusla as it has significant impact for the safety of children under Tusla's Separated Children Seeking International Protection service.
When Tusla receives a referral of an unaccompanied minor from the International Protection Office, Tusla is obliged to apply a presumption of minority for that applicant[], and to treat and care for that applicant as if they were a minor.
Tusla has advised that it has established a specific, registered Children's Residential Centre to accommodate young people who are in the process of undergoing an age assessment process. This serves to minimise potential risk to children in the care of Tusla. The centre is registered by Tusla's Alternative Care Inspection and Monitoring Service (ACIMS) and is subject to ongoing assessment of compliance with ACIMS. Tusla has said that all children and young people residing in this service have a case worker assigned to them.
In addition, section 60(a) of the International Protection Act 2026 provides for a further age assessment where Tusla has reasonable grounds for believing that an applicant is not a minor and that their accommodation in facilities intended for minors may give rise to child safeguarding concerns.
Section 3 of the Child Care Act 1991 provides that it shall be the function of the Child and Family Agency to promote the welfare of children who are not receiving adequate care and protection. Tusla makes every effort to ensure that unaccompanied minors seeking International Protection are safeguarded, and receive appropriate care and protection.
Officials in the Department continue to work with Tusla and the Department of Justice, Home Affairs and Migration on the implementation of those provisions of the International Protection Act 2026 relevant to unaccompanied minors.