International Protection: 

International Protection is the protection granted by a government to someone who has left another country to escape persecution or serious harm. It is a right recognised under International, EU, and Irish law.

A new law in Ireland sets out how that right will be vindicated.

It is called the International Protection Act 2026.

It is quite complex due to its many elements and sets out both the many rights of unaccompanied minors seeking the protection of the state as well as the many procedures that will be used by the state to process their applications.

Arrival:

From the moment a child arrives in the state seeking protection, procedures are now in place to insure they can access the international protection process. This is all the more important for unaccompanied children,

A very important development in the new law is that once the child informs the authorities that they are seeking the protection of the state, the application is considered to be made. This however is only the first step of a 3-step process. The application must then be registered and finally lodged. 

If the child arrives at a port, and comes to the attention of the authorities there, the provision of information will likely start at that point.

For example, the state reserves the right to search an applicant’s belongings, and includes a right to access a child’s devices, for example a phone. Although the authorities must justify this search, non-cooperation is an offence.

This is why the swift appointment of the 'representative person' is important.

The Representative Person:

Another very important development in the new law is the representative person. The role of the representative is to assist children to navigate the international protection process.

If the state is responsible for processing a child’s application for international protection, it is important that a child has an independent representative who can advocate for them in the event that the state veers from its statutory duty. This is a positive safeguard for children.

The representative should be appointed as soon as an unaccompanied minor comes to the attention of the authorities and should be in place to support the child throughout the process.

The representative has a number of functions: 

Views of the Child:

To meet with the child and hear their views. Children have a right to be heard. This is a right under international law, namely article 12 of the UN Convention on the Rights of the Child.

Best Interests:

To assist the child in providing information that is in their best interests. The state has a duty to ensure that the best interests of children are paramount.

Information Provision:

To provide children with information relevant to the procedures that affect them. It is important that children understand their rights so that their views can be obtained.

Biometrics:

To assist the child to provide biometric data as required by the International Protection Act 2026. There are consequences to refusing to provide this. The representative’s job is to explain those consequences.

Screening:

Children seeking the protection of the state will now be required to go through a screening process (more on this below). The representative should be with the child throughout this process.

Age Assessment:

If there is a doubt as to a child’s age, they may be required to go through an age-assessment process. The representative will be there to ensure they undergo a fair process.

Application:

An application for international protection is challenging. It requires a person to engage with what are often very difficult and traumatic events in their past, and the fears they have that mean they cannot return home. The representative is there to assist the child with the difficult task of submitting an application for international protection to the International Protection Office.

Interview:

Some time after an application for international protection has been made, the child will be asked to return to the International Protection Office to undergo an interview. The representative will not only support the child by accompanying them to this interview but will work to prepare the child for what can be a very difficult process.

Restriction of Movement:

Under the new law, it is possible for the state to restrict the movement of children, and in some instances, it is permissible for the state to detain children. A child does however have the right to challenge any such measure through both review and appeal mechanisms. The representative is there to assist in this process, where applicable.

Member State Responsible:

The International Protection Act 2026 is part of a wider reform of EU law on asylum and migration. Where a child is seeking the protection of the state but there is reason to believe that another EU member state has responsibility for the application, they may be subject to a transfer decision. Children have a right to appeal any such decision. The representative is there to support children who may be affected by a transfer decision.

Appeal:

If a child’s application for international protection is refused, they can appeal this to an independent tribunal. The representative is there to support children with any such appeal.

Family Tracing:

Many children lose contact with their families. There are services available to support children to trace missing family members. The representative is there to support children to engage with family tracing services.

Tusla and Residential Care: 

Children have a right to be taken care of. This includes access to fundamentals like accommodation, food, clothing, and education.

Where there is no parent or guardian to take care of a child, that child is considered to be unaccompanied. Unaccompanied children are taken care of by an agency of the state called Tusla Child and Family Agency.

Once the representative is appointed, they must notify Tusla of the presence of the unaccompanied minor in the state. Tusla must provide the child with access to fundamentals and may also appoint a social worker.

Screening: 

Under the new law, any newly arrived person seeking the protection of the state will be required to undergo a screening process. The screening process serves a number of purposes, from determining the member state responsible for an applicant’s international protection application, to determining the vulnerabilities that might give rise to special rights for an applicant, among other things.

Screening encompasses:

Health Assessment: 

As part of the screening process, a health assessment will be carried out. The core purposes of this assessment are to ascertain if the child has any acute medical need that would require urgent treatment, and to ascertain if they have any illnesses that might pose a danger to public health.
This health assessment will be conducted by a qualified medical professional and should be the least invasive for the purposes outlined above.

Vulnerability Assessment:

In addition to the health assessment, a vulnerability assessment will be carried out. This will be conducted by an officer of the minister. The core purposes of this assessment are to ascertain if the child is stateless, is vulnerable or a victim of torture, has special reception needs, or has special procedural needs.

Special Reception Needs refer to the needs an applicant might have that would make maintaining a dignified standard of living more difficult. Such needs might give rise to special provisions being made at accommodation centres, including disability access.

Special Procedural Needs refer to the needs an applicant might have that would make engaging with the international protection process more difficult. Such needs might give rise to special provisions being made at interview, for example.

Age Assessment:

Where doubt arises as to a child’s age, an age assessment process will arise.  The age assessment will include a multi-disciplinary assessment and may, as a last resort, include a medical examination. The representative person will also be present. Where a child seeks to challenge a decision of the age assessment, the decision shall stand suspended pending further review.

Screening Form:

As part of the screening process, a form will be created outlining the name, date of birth, place of birth, and gender of the child; their nationality, or whether or not the child is stateless; countries of prior residence, and languages spoken, and details about the child's family, among other things.

Legal Counselling:

Anyone engaging in the international protection process is entitled to legal counselling. This is a service available at the screening centre, provided by the legal aid board. Although those providing the service will not be qualified solicitors or barristers, they will be trained on the relevant procedures. Moreover, legal representation, provided by qualified professionals such as a solicitor or a barrister will then be subsequently available.

Guarantees for Minors undergoing Biometrics and Screening: 

It is important to note that the state is under an obligation to guarantee certain provisions to children. These include:

1. The best interests of the child shall be a primary consideration
2. Additionally, unaccompanied minors will have an entitlement to be accompanied by a representative person, or an employee, or other such person appointed by the Child and Family agency.

Application for International Protection:

Where a child is seeking the protection of the state, they are required to make, register, and lodge their application. These are distinct requirements under the International Protection act 2026. 

Making an application for international protection:

A child can make an application for international protection at a port of entry, such as an airport, or a designated screening centre, for example City West.

Registering an application for international protection:

An application must then be registered. A child will be required to complete a form, referred to as an ‘international protection form’. Information required will include the name, date of birth, place of birth, and gender of the child; their nationality, or whether or not the child is stateless; countries of prior residence, and languages spoken, and details about the child's family, among other things.

Lodging an application for international protection:

The child will then lodge this application along with all the elements and documents available to substantiate their claim.

Procedures: 

Under the International Protection Act 2026 there are a number of distinct procedures through which applications will be processed. 

Appeals:

Under the International Protection Act 2026, a new body has been established called the Tribunal for Asylum and Returns Appeals (TARA). Where an application for international protection is refused, a child will have a statutory right of appeal. Any such appeal will be lodged to this body.

Right to Remain in State pending an appeal: 

Where a child is refused international protection at first instance, they will continue to have permission to be in the state for the timeframe within which they must submit an appeal.

Importantly, those children whose applications are processed through the accelerated procedure will be required to seek permission to remain in the state pending any appeal they submit in respect of a refusal to grant international protection.