Ireland’s response to the needs of International Protection (IP) applicants is in breach of the Charter of Fundamental Rights of the European Union, the High Court has ruled.
The judgment was delivered by Justice Barry O’Donnell following a case brought by the Irish Human Rights and Equality Commission (IHREC) against the State, concerning its obligations towards asylum seekers in Ireland.
The case centered on whether the failure to provide accommodation to newly arrived asylum seekers is unlawful and violates their right to dignity under Article 1 of the EU Charter of Fundamental Rights, which emphasizes human dignity.
Justice O’Donnell concluded that the State has breached these rights by failing to meet the basic needs of IP applicants and leaving them without accommodation or the means to access it.
Despite this finding, the court did not grant the mandatory orders sought by the IHREC. Justice O’Donnell stated that the court was not convinced that the State would ignore its obligations. He acknowledged that the State is making strenuous efforts to address the situation.