Nearly 300 Adults Posed as Children in Asylum Claims

Key facts

• Almost 300 asylum seekers claiming to be children were identified as adults over four years.
• The average misclassification period was 57 days, though this has since reduced.
• 2,530 unaccompanied minors claiming to be children were referred to Tusla between 2022 and 2025.
• 293 individuals were deemed ineligible for Tusla services and referred back to the IPO.
• There is no legal provision for Tusla to conduct its own age assessments.
• Since January, the IPO has implemented more robust age screenings, reducing referral times.
• New EU Migration Pact implementation is anticipated to further impact referral numbers.
• The killing of Vadym Davydenko occurred in a special emergency arrangement housing unaccompanied minors.

Asylum System Faces Scrutiny Over Age Discrepancies

Nearly 300 individuals who claimed to be children seeking asylum have since been identified as adults, according to the child and family agency, Tusla. This revelation highlights significant risks within the asylum system concerning the age assessment of unaccompanied minors. The agency has stated that the issue has posed a considerable risk in recent years, underscoring a critical vulnerability in safeguarding both children and the integrity of the services provided. The figures, presented to the Dáil Public Accounts Committee, reveal that between 2022 and 2025, a total of 2,530 young people presenting as unaccompanied asylum seekers were referred to Tusla. Of this cohort, 293 were ultimately deemed ineligible for child protection services and redirected to the International Protection Office (IPO). This situation has placed Tusla in a precarious legal position, particularly when individuals referred appear older than 17. The existing legislation mandates that such referrals must be treated as children, creating a 'legal quandary' when initial assessments suggest otherwise.

The Legal Framework and Tusla's Role

Under the 2015 International Protection Act, immigration officials are required to refer asylum seekers to Tusla if they believe them to be under 18 and unaccompanied. Crucially, the legislation presumes these individuals are children, granting them immediate access to Tusla's protective services. This legal framework, however, contains a significant gap: there is no provision for Tusla itself to conduct independent age assessments. This absence of legal authority means Tusla must operate on the initial determination made by immigration officials or the claimant's own assertion. to the committee, dated April 27th, explicitly noted this lack of legal power to conduct its own assessments. Journalist Kitty Holland pointed out on The Claire Byrne Show that this legal void forces Tusla to give the benefit of the doubt to every referral, potentially placing adults within the child welfare system.

Misclassification Periods and Evolving Procedures

For those incorrectly identified as children, the average duration of this misclassification was 57 days. During this period, these adults may have been housed in children's accommodation, posing a significant risk. Tusla acknowledged this as a 'significant risk' to the agency. However, the agency noted a considerable reduction in this timescale since January of this year. The International Protection Office, managed by the Department of Justice, has implemented more rigorous age screening processes at points of entry. This has led to a decrease in referrals to Tusla and a quicker determination of eligibility. Consequently, the average time for completing age determinations has shortened to approximately 15 days. Referrals to Tusla dropped to 97 in the first quarter of 2026, a notable decrease from 196 in the final three months of 2025. This shift aligns with preparations for the EU Migration Pact, set to be implemented in June 2026.

Managing 'Age Disputed' Cases

When an individual's age is questioned, or a decision by the IPO or Tusla is appealed, these cases are classified as 'age disputed'. Pending a final determination, these individuals are placed in emergency accommodation or adult facilities, rather than registered children's centres. Data provided by Tusla, which in some instances relied on manual sampling due to a lack of electronic data collection, indicated 768 referrals from immigration or IPO officials in the past year. highlighted the dual risks associated with age assessment errors: the potential for placing an adult among children, and conversely, the danger of a child being placed with adults if not correctly identified. The issue of accommodation shortages for asylum seekers has also led to children being placed in special emergency arrangements, sometimes without properly qualified staff. This situation is described as 'fraught with potential risk,' a concern tragically underscored by the death of Vadym Davydenko, who was housed in such an arrangement for unaccompanied minors.

Broader Implications and Future Outlook

The revelations surrounding age assessment errors in the asylum system raise profound questions about the adequacy of current procedures and legal safeguards. The reliance on initial assessments, coupled with the lack of independent verification powers for Tusla, creates a system vulnerable to manipulation and error. As Ireland prepares for the implementation of the EU Migration Pact, the need for robust and reliable age assessment protocols becomes even more critical. The recent improvements in IPO screening suggest a move towards greater accuracy, but the underlying legal framework remains a point of concern. The agency's acknowledgement of 'significant risk' points to an ongoing challenge that requires sustained attention. Balancing the presumption of childhood with the need for accurate identification is paramount to ensuring the safety and well-being of all individuals within the asylum process.

The bottom line

• Nearly 300 asylum seekers claiming to be children were found to be adults over a four-year period.
• Tusla faces a legal challenge as it lacks the authority to conduct its own age assessments.
• The average time adults were misclassified as children was 57 days, though this has recently decreased.
• Improved age screening by the International Protection Office has reduced referral times.
• The EU Migration Pact's implementation in June 2026 is expected to further influence referral numbers.
• Concerns persist about the safety of children housed in special emergency arrangements due to accommodation shortages.