Ireland breaching human rights of homeless asylum seekers, High Court rules

Opinion
01 Aug 24

Asylum seekers in the direct provision centre in Cahersiveen, pressing messages in Georgian to the window

The Irish Human Rights and Equality Commission (IHREC) took a case against the government.

The High Court has ruled that the State’s failure to provide for the needs of homeless asylum seekers is a breach of their fundamental rights.

The ruling comes after the Irish Human Rights and Equality Commission (IHREC) took a case against the government regarding its failure to adhere to its obligations towards newly arrived asylum seekers.

Mr Justice Barry O’Donnell delivered the judgement this afternoon, saying “By failing to meet their basic needs and leaving unaccommodated IP applicants without accommodation or the means to access accommodation, the State has breached the rights of those persons as provided for in Article 1 of the Charter of Fundamental Rights of the European Union.”

It follows last December’s statement from the Government, where it said that it could no longer offer accommodation to men seeking international protection.

Commission welcomes significant judgment on the human rights of international protection applicants in landmark casehttps://t.co/OX3Z9VclT0 pic.twitter.com/3KU0hOGiIn

— Irish Human Rights & Equality Commission (@_IHREC) August 1, 2024

However, the courts did not grand the mandatory orders sought by the Commission, as O’Donnell stated that the court was not satisfied that there is a basis for concluding that the State will ignore its obligations.

"The State has made clear, and the court accepts, that it is making strenuous efforts to redress the situation," he said.

Michael O’Neill, Head of Legal, Irish Human Rights and Equality Commission reacted by saying: “The Commission welcomes this significant judgement. Not only has the Court clarified important points of law, but critically, it has recognised that the State’s failure to meet the basic needs of IP applicants has put them in a deeply vulnerable position where they cannot live in dignity and security.

“When we began these proceedings in December, 259 IPAs were accommodated by the State. That number now stands at 2352. The Commission notes the expectation of the Court that the State will comply with its decision.”

Hundreds of tents being used by asylum seekers have been removed from Dublin in recent months.