Author
Section 58(1) IPA defines as vulnerable persons individuals ‘such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.’ The provision, however, applies solely to the application of Sections 53 to 57, which refer to content of international protection.
Screening of vulnerability
Regulation 8 of the European Union (Reception Conditions) Regulations 2018 provides for the establishment of a vulnerability assessment process. Until January 2021 however, no standardised assessment was carried out in respect of vulnerable international protection applicants, despite this being a clear requirement under EU law. At the end of January 2021, a pilot project to assess the vulnerability of applicants was established at Balseskin reception centre in Dublin.[1] The pilot scheme was subsequently extended to all new international protection applicants throughout the state and aims to determine whether the applicant has special reception needs arising from any vulnerabilities identified.
In September 2022, IPAS published a Vulnerability Assessment Pilot Programme Policy, setting out the nature and purpose of the vulnerability assessment.[2] Pursuant to the newly established Policy, and, in response to significant pressure on IPAS resources, the vulnerability assessment procedure was also altered substantially. Vulnerability Assessment questionnaires are provided to all individuals making an application for international protection. Questionnaires are made available to applicants in a number of languages, both at their accommodation centres and online via IPAS’ website. A referral form for service providers and third parties working with international protection applicants was also made available and can be completed by the service provider with the applicant’s consent. Both documents contain a series of questions relating to the vulnerability indicators contained within the Reception Conditions Directive (Recast).
The applicant, or service provider, is required to return the questionnaire to the IPAS Resident Welfare Team by email or post. Assessment Officers from the Resident Welfare Team review all returned questionnaires to determine the applicant’s vulnerability status. Whereby an assessment indicates that an applicant has one or more vulnerability the Assessment Officer may contact them to discuss their vulnerability further. In some cases, whereby an assessment indicates a high level of vulnerability, the Assessment Officer may also refer the person for further assessment with an IPAS Social Worker.[3]
Throughout 2023, in the experience of the Irish Refugee Council, many applicants who sought vulnerability assessments under the revised procedure have yet to be contacted by IPAS’ Resident Welfare Team, despite numerous applicants presenting with evident and significant vulnerability. The Irish Refugee Council also remains concerned about the lack of information provided to applicants regarding the assessment. It has become apparent in our contact with clients that many individuals undergoing the vulnerability assessment are not aware of the purpose of the assessment, nor do they understand what the information acquired will be used for. In many cases, individuals undergoing vulnerability assessments have recently arrived in the State, often have limited English. The lack of available information is particularly troubling as applicants are not properly equipped to fully communicate their circumstances.
On the 8th March 2024, IPAS announced that the pilot scheme would be suspended until further notice, citing ongoing demands on the Resident Welfare Team’s service due to the increased numbers of arrivals of protection applicants in the State as well as constraints on available accommodation across the IPAS portfolio.[4] This decision was communicated to all applicants who were queued for assessment, IPAS Centre Managers and NGOs, along with information on alternative supports.
From March-November 2024, it is understood that no vulnerability assessments were conducted, however, vulnerability triage in respect of newly arrived single male applicants continued.[5] In the interim, in April 2024, IPAS published a notice of request for tender with a view to outsourcing the vulnerability assessment process. Subsequently, in November 2024, it was announced that vulnerability assessments would resume and would be conducted by GoodPeople Homecare Ltd. According to IPAS, it aimed to conduct 350 assessments a week, beginning with the existing backlog. Initially, vulnerability assessments were to be conducted at Citywest, with a view to expanding the service to the International Protection Office in the New Year.[6]
With respect to coordination mechanisms on specific issues such as gender-based violence, human trafficking, and torture amongst relevant stakeholders, numerous state agencies and non-governmental organisations have collaborated in order to assist those requiring particular support. One such example was the ‘Reach Project’ run by Ruhama in conjunction with the Department of Justice and Equality the HSE and An Garda Siochana. The project aimed to raise awareness of trafficking as a form of violence against women and girls and improve responses to the issue across the State. The campaign included the provision of support materials to survivors, as well as advertising campaign and free-text number which individuals could contact in order to seek further support. While the campaign has largely been wound down, the free text number remains in operation at the time of updating in May 2025.[7]
Additionally, in 2019, the UNHCR conducted human trafficking awareness training for the International Protection Office (IPO) with approximately 50 staff in attendance. Furthermore, the International Protection Office (IPO) has procedures in place when dealing with potential victims of human trafficking and also has an internal guidance resources available to all IPO staff. The IPO also has a so Officer’ whose role it is to make a referral to An Garda Síochána whereby a potential victim of trafficking is identified.[8]
Age assessment of unaccompanied children
Section 14 IPA states that where it appears to an immigration officer or an officer of the IPO that a child who is seeking international protection is not accompanied by an adult, the officer shall inform, as soon as practicable, the Child and Family Agency (Tusla) and thereafter the provisions of the Child Care Act 1991 apply.
The IPA contains a number of provisions relating to age assessment and identification of unaccompanied children. Section 24 IPA allows the Minister, or an international protection officer to arrange an examination by an officer of Tusla, to determine the age of an applicant to see if they are under the age of 18 years. An examination is required to be:
- performed with full respect for the applicant’s dignity,
- consistent with the need to achieve a reliable result, the least invasive examination possible, and
- where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.
The consent of the applicant and/or the adult responsible for them including an employee or other person appointed by Tusla is required for the age examination. Section 24(6) IPA requires that the best interest of the child is a primary consideration when applying Section 24. Section 25 also provides for an age examination to take place under the direction of a member of the Garda Síochána (national police) or immigration officer if they request the Minister to carry out such an examination when an applicant in detention appears to be under the age of 18 years. Detention for unaccompanied children is prohibited but detention may occur under Section 20(7)(a) IPA if two officials – two members of the Garda Síochána or immigration officers, or one member of the Garda Síochána and one immigration officer – believe the applicant is over 18 years pending an age examination.
The immigrant support organisation, Nasc, has previously highlighted the ‘considerable concerns about Tusla’s age assessment procedures’, more specifically connected to the fact that no sufficient guarantees are in place with respect to age assessment procedures. The organisation was made aware of cases in which age disputed minors were accommodated in Direct Provision centres, with no access to appeal the initial age assessment, which is usually conducted at the frontiers of the State, and therefore unable to access the support and aftercare provided to separated children.[9] Neither the IPO nor Tusla collect statistics on age assessments conducted in Ireland.[10]
In correspondence with the Irish Refugee Council in February 2022, it was confirmed that Tusla does not currently have a national policy or approved internal guidelines on age-assessments for use in determining the age of unaccompanied minors or separated children referred from IPO or Dublin Airport. The reason given for this was that there exists no provision in legislation for Tulsa to conduct such assessments. The relevant legislation for undertaking such assessments is the International Protection Act 2015, which confers the responsibility for conducting age assessments on the Minister for Justice. Thus, according to Tusla, the conducting of such assessments is not part of its statutory function.[11]
Whereby cases are referred to Tusla, an assessment is undertaken in order to determine the eligibility of the young person for the provision of services under The Child Care Act, i.e., whether the individual is in need of the care and protection of Tusla. Determination of age is made giving benefit of the doubt where there may be insufficient supporting documentary evidence. If the individual is deemed not to be a child, they are then referred to the IPO in order to claim international protection.[12]
It was noted that consideration was given to developing guidance to support staff in the area of age assessments, however, following a deliberative process and legal advice this was not progressed into approved national policy or guidance for the agency.[13]
Tusla subsequently engaged in a further deliberative process in conjunction with its operational and legal services to determine an eligibility criterion for receipt of Tusla services.[14] As of January 2023, the policy had yet to be published. However, in April 2023, a finalised policy document, ‘Eligibility for Services for Separated Children Seeking International Protection’ was circulated amongst relevant stakeholders. Moreover, it is evident from the Irish Refugee Council’s attendance at eligibility assessments that the policy has now been implemented. However, it is noted that the policy document is not publicly available on Tusla’s website or elsewhere.[15]
The eligibility assessment takes the form of a psycho-social assessment, conducted by two assessing Tusla social workers. The young person is interviewed regarding their personal and family circumstances, their pre-migration experiences, their education, and journey to the State in order to determine whether they are eligible for Tusla services in accordance with the Childcare Act 1991. The young person will also be asked to provide any identity documentation or other documentation demonstrating their age. Emphasis is placed on the young person’s appearance and physical presentation (i.e. whether they have facial hair, or hair loss for example) and the level of emotional maturity displayed during the course of the assessment. Such factors are often determinative in assessing eligibility, particularly in circumstances where a young person cannot provide any identification documents.[16]
Independent advocacy is provided to young people by Youth Advocacy Programmes Ireland (YAP). The Independent Advocate supports young people in understanding the eligibility assessment process, linking with appropriate legal and refugee services, as well as practical support such as food and clothing etc. The Independent Advocate is also permitted to accompany the young person to the assessment where needed.[17]
Whereby a young person is deemed eligible for Tusla services, they are taken into the care of the State and placed in appropriate accommodation, usually residential facilities or foster family placements. Whereby an individual is deemed ineligible for Tusla services, they have a right to request a review of the decision. However, in the experience of the Irish Refugee Council, many young people are unaware of their right to seek a review.[18]
Medical assessments, including x-rays, dental checks etc., do not form part the eligibility assessment process in Ireland.[19]
In January 2024, it was reported that there had been, according to Tusla, an ‘unprecedent increase’ in the number of unaccompanied children presenting to its Separated Children Seeking International Protection Service (SCSIP Service).[20] Subsequently, in April 2024, it was reported that Ireland has experienced a 500% increase in the number of unaccompanied children seeking international protection. According to figures released by Tusla’s Separated Children Seeking International Protection Team in April 2024, in the previous 15 months, 607 unaccompanied children were referred to the service. Of those, 243 minors arrived within the first 3 months of 2024.[21]
[1] Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question No 80, 31 July 2021, available: here.
[2] International Protection Accommodation Service, ‘Vulnerability Assessment Pilot Programme Policy’, September 2022, available: here.
[3] ibid.
[4] Information provided by IPAS, March 2024.
[5] Information provided by the Irish Refugee Council Information and Advocacy Service, January 2025.
[6] Information provided by IPAS, November 2024.
[7] Ruhama, ’Reach Project for Women’, available: here.
[8] Minister for Justice and Equality, Response to Parliamentary Question 1089, 21 March 2023, available: here.
[9] ibid, 13.
[10] Information provided by Tusla, August 2017.
[11] Information provided by Tusla, August 2022.
[12] ibid.
[13] ibid.
[14] ibid.
[15] Information provided by Irish Refugee Council Independent Law Centre, January 2024.
[16] Information provided by Irish refugee Council Independent Law Centre, January 2025.
[17] Youth Advocate Programmes Ireland, ‘Separted Children Seeking International Protection (SCSIP)’, 2023, available: here.
[18] Information provided by Irish Refugee Council Independent Law Centre, January 2025.
[19] ibid.
[20] Irish Times, ‘Unprecedented’ increase in unaccompanied children seeking asylum in Ireland’, 15 January 2024, available: here.
[21] The Journal, ‘500% increase in migrant children arriving alone in Ireland to claim asylum’, 30 April 2024, available: here.