High Court rules that the State breached the right to human dignity by failing to House Asylum Seekers

The High Court has found that the State has breached the fundamental rights of homeless asylum seekers by failing to meet their basic human needs. Ireland’s human rights watchdog, the Irish Human Rights and Equality Commission (IHREC), brought the case before the court. The IHREC, which the State funds, is bestowed with the power to launch representative proceedings to protect the human rights of others under Article 41 of the IHREC Act 2014. This is the first time the body invokes Article 41 of the Act.

The case specifically called into question the State’s provision of accommodation to male international protection applicants. Handing down the judgement, Mr Justice Barry O’Donnell declared the State’s current effort to provide for unaccommodated male applicants was so “inadequate” that it amounts to a breach of their right to human dignity as outlined in the EU Charter of Fundamental Rights. The right to an adequate standard of living that will safeguard their health and guarantee subsistence is encompassed within the “well-established fundamental right to have their human dignity respected and protected”.

The State has defended its position since early 2023, announcing on two occasions that due to “unprecedented pressure” on services, the State could not house new male applicants, notwithstanding their “intensive efforts”. Statistics from the Department of Integration reveal there are 2,352 asylum seekers currently waiting for housing, with women, children, families and vulnerable men being prioritised.

The case comes in the wake of an April 2023 High Court judgement which ruled that the Minister for Integration had failed in his duty to provide accommodation to an Afghan applicant who ended up begging as a result. The man had been given a €28 voucher for Dunnes Stores and the details of some private charities, which the court stated “does not come close to what is required”. Following the ruling, the State increased the weekly expenses allowance paid to homeless applicants by €75 and partnered with charities to set up hygiene and food facilities they could access.

However, the increased payment of €113.80 is still too low to allow applicants to find shelter independently and was branded insufficient by the IHREC. Eoin McCullough, acting as senior counsel for IHREC and Patricia Brazil SC, contended that the State’s assertion of a lack of resources is invalid as the duty placed on the State is “legally binding” and “not one of best efforts.” The State countered that the additional measures introduced fulfilled its duty under EU law to provide “material reception conditions”. A department official also cited significant objection within communities to establishing accommodation centres as an obstacle to housing male applicants.

While supporting the IHREC’s argument, the court declined to make an order mandating the State to establish a framework vindicating all asylum seekers’ fundamental rights. In doing so, Mr Justice O’Donnell explained there was no basis to believe that the State would “ignore its obligations,” pointing out that it had responded and adjusted its approach following the previous ruling. He acknowledged that, despite falling short, the State had made “strenuous efforts to redress the situation.”

In his deliberation, Mr Justice O’Donnell regarded various affidavits sworn by asylum seekers to support the IHREC case. They described the “enormous difficulties” they face, including having no toilet facilities and sleeping in the street. The government allowance needs to enable them to access hostels reliably. It is entirely insufficient if they have additional needs, such as one man who is struggling to access medication to treat his epilepsy.

In accepting the commission’s evidence of the applicant’s inability to fulfil their fundamental needs, Mr Justice O’Donnell concluded that the current system leaves the men in a “deeply vulnerable and frightening position that undermines their human dignity.”

If you or someone you know has been affected by issues related to asylum seeker rights and housing, Coleman Legal LLP offers dedicated and confidential support. Our team of experienced solicitors are here to assist. Contact us at 1800-844-104 or [email protected].