Oireachtas Joint and Select Committees
Tuesday, 27 June 2023
Joint Committee On Children, Equality, Disability, Integration And Youth
Challenges Facing Refugee and Migrant Children in Ireland: Discussion
Lynn Ruane (Independent)
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I thank everyone for their presentations. I will hone in a little, because we will probably have a second round, for the first round on the age-disputed minors and the idea of the benefit-of-doubt principle. I have some idea of the direction in which it goes. The International Protection Office, IPO, holds up the determination that it is disputed whether somebody is a child. As far as I understand it, the IPO states that Tusla makes that age assessment. What I am wondering is, what is involved in that age assessment? I would also like to know how often it happens and if there are statistics on how often it has resulted in a minor not having access to what he or she needs. My first question is on how that assessment is determined.
Is the move to the benefit-of-doubt principle something that is already happening? It does not seem like much needs to happen for it to happen, other than saying it is happening. If someone is saying that we are moving in this direction, what is stopping that form being today? Does the IPO then also accept and work off that principle of benefit-of-doubt? Has it to run through each one, not only Tusla? Has there to be agreement with the IPO in order that it does not assert something else as well? What has happened to date?
Perhaps Safetynet could pick up on what are the vulnerabilities for minors who have been left in that. Obviously, there is education, which has been spoken about but surely there is a myriad of other complexities of a minor being left, seen or deemed to potentially be an adult. Even beyond the accommodation piece, is there a difference between how quickly you can access healthcare depending on whether you are 17 or 18? I would say that is arbitrary anyway. We definitely should be extending the definition of "minors" beyond that 18 years bracket, in terms of coming into a country. In terms of care, there is not much difference between an 18-year-old and a 17-year-old. What are the vulnerabilities and what are the issues that have arisen for minors? An appeals system was mentioned and things can take time. If somebody does not have documentation to prove it, obviously it can take time before that documentation is sent from the country from which somebody has come. How long has that delay been for young people?
Those questions in relation to that age assessment are for Tusla and Safetynet.