Almost half of those claiming asylum who claimed to be minors and underwent eligibility assessments were found to be adults, according to a new report from Tusla.
The State’s children and family agency said in a report provided to the Dáil’s Public Accounts Committee (PAC) that it received 768 referrals from an immigration or IPO officials last year.
Of these, 288 underwent eligibility assessments of which 141 were deemed “ineligible” for Tusla services – ie, were over the age of 18.
Tusla told the committee that some adults spent an average of 57.6 days in the agency’s care before it was discovered they were ineligible.
In a statement in response to a request for comment, a spokesperson for Tusla told Gript: “We are committed to responding to and supporting unaccompanied minors, and we work in collaboration with other state agencies to promote the safety and well-being of children and young people seeking international protection.
“All international protection applicants deemed to be under the age of 18, and who are not in the custody of an adult, are referred to our team for Separated Children Seeking International Protection (SCSIP).
“There has been a 500% increase in referrals to this service. In 2025, there were 768 referrals to the SCSIP Service, with approximately 1200 unaccompanied minors in care or accommodated by Tusla throughout 2025.
“We record the number of referrals of unaccompanied minors from all referral sources, including International Protection Office (IPO), Border Management Unit (BMU), An Garda Síochána and National Out of Hours Service.
“An assessment is carried out by Tusla Social Workers to assess the eligibility of the young person for services under the Child Care Act 1991. The intake eligibility assessment allows Tusla to establish if the person is a young person in need of care and protection. The process is explained to the young people, and they are advised that legal representation, interpreters, and advocates can be facilitated where required.
It continued: “The young person is advised that an appeals process is available to them should they not be satisfied with the outcome of the eligibility for service assessment. This appeals process is an independent process and separate to the eligibility for service assessment team. The presumption of minority applies during the appeals process and so this can increase the length of time spent in care in an age disputed case.
“The priority for these young people is to reunify them with their families where possible, either in Ireland or in other member states. Where family reunification is not possible, children and young people are generally accommodated in family-based care (foster care, supported lodgings) or children’s residential units, following an initial screening and assessment of their needs, taking into account their age and levels of independence.
“Where there is a query of the young person’s age, or there is an appeal of the decision of the IPO or Tusla, they are categorised as ‘age disputed’ and are accommodated in an accommodation setting which facilitates and supports individual occupancy, and not in a registered children’s centre pending final determination.
“If a young person is deemed 18 years or older and ineligible for our services, they will be referred back to the International Protection Office (IPO), and we no longer record data relating to that person. In 2025 there were 141 referrals deemed ineligible and referred back to the IPO.
“Please note that it is not possible to verify that all formal asylum applications made within the timeframe specified relate to the same unaccompanied minors referred to during the same period. For example, a referral made in one year may result in an application in the following or subsequent year. This is particularly relevant with age disputed cases where there can be a longer period of time between referral and final determination on eligibility.
“Since January 2026, the IPO has been conducting screening for age under Section 13 of the International Protection Act 2015. The IPO will be responsible for and has committed to the undertaking of full age assessments under the new International Protection Act commencing in June 2026.”
As far back as 2016, the then head of Tusla said that “one of the biggest challenges for the State when it comes to unaccompanied migrant children is verifying their age.”
Previously, documents released under Freedom of Information law revealed that Tusla chief executive Kate Duggan had written to Department of Children officials on October 24th last year saying that age verification for unaccompanied minors was an issue that had been discussed with the Government in the two-years prior to the muder of Vadym Davydenko.
The Somalian national accused of killing the 17-year-old Ukrainian told a court that his documents were false. It had originally been believed that the suspect was also a minor, but An Garda Síochána now suspect is an adult male.
The issue of verifying the age of those who claim to be unaccompanied minors when seeking asylum has drawn increased public attention after the brutal murder of the Ukrainian teenager.
In the wake of the killing, the Department of Justice issued a clarification that the International Protection Office is ultimately responsible for determining the age of an applicant being treated as an unaccompanied minor in the system.
“Unfortunately, the issue remains, and Department colleagues will be aware that there is not a shared position due to the different interpretation of legislation underpinning [international protection] and childcare legislation, and we need departmental engagement in relation to same,” Ms Duggan wrote at the time.
“It is … particularly challenging to rebut the claim of being a minor particularly when adhering to best practice guidance of fair procedures, benefit of the doubt and the legal premise of presumption of minority,” said Tusla in the new briefing document.
The State has been criticised for not providing comprehensive reporting on the number of asylum seekers who have claimed to be minors but were subsequently found to be adults.
The database of the office where asylum claims are registered do not allow for reporting on the number of instances a person claiming asylum has claimed to be a child but was subsequently found to be an adult, the Minister for Justice told Carol Nolan TD last November.
Deputy Nolan asked the Minister for Justice, who also has responsibility for Migration, “the number of times a person seeking international protection initially claimed to be a child but who was subsequently found to be an adult for each year since 2021 to date in 2025”.
In response, she was told that the International Protection Office (IPO) databases “do not allow for reporting on cases where the ages of applicants were, or are, under dispute”.
“What kind of third rate data deficient systems are we operating at all?” Deputy Nolan previously said.
“This should be basic information, easily accessible and to hand when requested. Instead we have the usual blather about being unable to provide the information sought.”
“This is critically important information that we need to have if we are to have the slightest hope of ascertaining a trend on the number of adults posing as children within the asylum process,” she added.