S.L. 420.9 Art. 23Assessment of special reception needs.

(1) In order to effectively implement regulation 22, the Agency for the Welfare of Asylum Seekers shall, in cooperation with authorities providing advice and support in relation to vulnerable persons, as required, as early as possible after an application for international protection is made, individually assess whether the applicant has special reception needs, using oral translation where necessary:

Provided that such an assessment shall be initiated by identifying special reception needs based on visible signs or on the applicants’ statements or behaviour or, where applicable, statements of the parents or the representative of the applicant:

Provided further that such assessment shall be completed within thirty (30) days from the filing of the application for international protection or, where it is integrated into the assessment referred to in Article 20 of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU within the time-frame established in such Regulation, and the special reception needs identified on the basis of such assessment shall be addressed: Provided further that where special reception needs result at a later stage in the procedure for international protection, the Agency for the Welfare of Asylum Seekers shall, in cooperation with other competent authorities as required, assess and address those needs.

(2) Support provided to applicants with special reception needs shall take into account their special reception needs throughout the duration of the procedure for international protection and shall provide for appropriate monitoring of their situation.

(3) For the purposes of sub-regulation (1), staff assessing special reception needs shall:

(a) be trained and receive ongoing training to detect signs that an applicant has special reception needs and to address those needs when identified:

(b) include information concerning the nature of the applicant’s special reception needs in the applicant’s file held by the Agency for the Welfare of Asylum Seekers, together with a description of the visible signs or the applicant’s statements or behaviour relevant for the assessment of the applicant’s special needs as well as the measures that have been identified to address those needs and the authorities responsible for addressing those needs; and

(c) (i) subject to prior consent, refer applicants to the appropriate medical practitioner or psychologist for further assessment of their psychological and physical state where there are indications that their mental or physical health could affect their reception needs;

(ii) where necessary, oral translation shall be provided by qualified professional translators to ensure that the applicant is able to communicate with medical staff;

(iii) where the lack of such trained professionals would risk delaying treatment, oral translation may be provided by other adult individuals, subject to the applicant’s consent.

(4) The Agency for the Welfare of Asylum Seekers shall take into account the result of the assessment referred to in sub-regulation (3)(c) when deciding on the type of special reception support which may be provided to the applicant.

(5) Applicants with special reception needs only may benefit from the specific support provided in accordance with these regulations.

(6) The assessment of sub-regulation (1) shall be without prejudice to the assessment of international protection needs in accordance with Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU.