Courts / Ireland / Report

Somali refugee alleges she was inappropriately treated as an adult

Summary

The High Court has granted permission for a legal challenge regarding the treatment of a Somali refugee who arrived in Ireland alone at age 16. The applicant, now 18, alleges that Tusla, the Child and Family Agency, incorrectly assessed her as an adult in 2024, resulting in her placement in adult accommodation rather than receiving requisite State supports for a minor. Barrister Michael Conlon SC, representing the applicant through the Irish Refugee Council, submitted to Mr Justice Micheál P O'Higgins that this error left the plaintiff unable to navigate basic supports. The case is brought against the Child and Family Agency, the Chief International Protection Officer, the Minister for Justice, the International Protection Service Accommodation Services, Ireland, and the Attorney General. The Irish Refugee Council seeks a court order compelling the Child and Family Agency to re-assess the teenager's need for assistance and, if necessary, provide an adult aftercare plan under the Child Care Act 1991. It is claimed that the applicant was entitled to a presumption of childhood upon her arrival in March 2024 and that the failure to follow lawful age-assessment procedures breached the International Protection Act 2015. The applicant successfully claimed international protection in 2024 and holds a Temporary Residence Certificate until 2028. The court's decision permits the applicant to establish whether she is entitled to an aftercare support programme, addressing the alleged lack of access to child education and supports during her time in inappropriate adult accommodation.

Who, what, where, when and why

What: Report matter: Somali refugee alleges she was inappropriately treated as an adult. Procedural stage: hearing_or_decision

When:

• March 2024 Other
• 2026-01-29 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report