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State’s asylum ‘failure’ breaches human rights

The Irish Human Rights and Equality Commission (IHREC) has welcomed a High Court judgment that the State has failed in its duty to provide for the basic needs – including accommodation – of international-protections (IP) applicants seeking asylum in Ireland.

The human-rights body had brought the judicial-review proceedings against the State in respect of IP applicants who were not offered accommodation when they made their asylum claim.

The commission sought declarations from the High Court that the failure to provide for the basic needs of IP applicants breached their human rights.

‘Inadequate’ response

Mr Justice Barry O’Donnell said that the court was satisfied that the current State response was “inadequate, to the point that the rights of the class of person concerned in these proceedings under article 1 of the Charter of Fundamental Rights of the European Union have been breached by the State”.

He granted a declaration that “the State’s failure to provide for the basic needs of newly arrived international-protection applicants between 4 December 2023 and 10 May 2024, whether by way of the provision of accommodation, shelter, food and basic hygiene facilities or otherwise, is in breach of that class of persons’ rights pursuant to article 1 of the Charter of Fundamental Rights of the European Union".

The judge decided, however, that the grant of the declaration was sufficient to remedy the breaches, and did not grant the mandatory orders sought by IHREC.

‘Significant judgment’

The commission had sought mandatory orders to compel the State to fulfil its legal obligations to provide for the basic needs of IP applicants.

Michael O’Neill (head of legal, IHREC) said that the organisation welcomed what he described as a “significant judgment”.

“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,” he stated.