Press Release: The Irish Refugee Council welcomes High Court decision on State’s violation of homeless international protection applicants’ rights

1 August 2024, For Immediate Release

The Irish Refugee Council welcomes today’s High Court ruling declaring that the State’s failure to meet the basic needs of international protection applicants experiencing homelessness is a breach of the Charter of Fundamental Rights.

The decision, in an important case taken by the Irish Human Rights and Equality Commission (IHREC) in respect of a class of persons, namely international protection applicants who were not offered accommodation when they applied for protection, builds on the litigation taken by the Irish Refugee Council’s Independent Law Centre in April and December 2023 and the subsequent decision of the High Court in the S.Y. and S.A. and A.J. cases.

Managing Solicitor of the Irish Refugee Council Independent Law Centre, Katie Mannion, said:

“The High Court makes clear findings that the support given to unaccommodated international protection applicants is inadequate and that an inability to access basic needs, particularly accommodation and hygiene, leaves people in a deeply vulnerable and frightening position that undermines their human dignity. In declaring the State’s efforts thus far to be inadequate to meet people’s needs, and in breach of EU law; the Court expressed an expectation that the State would now respond appropriately. Immediate steps must now be taken to ensure that international protection applicants’ basic needs are met.”

Nick Henderson, CEO of the Irish Refugee Council, said:

“This is an extremely important decision, not just because of the declaratory relief made that the State is in breach of the Charter of Fundamental Rights, but also because of the analysis and findings made of the State’s practical response. We commend and congratulate the Human Rights Commission for taking the case and preparing the array of evidence. We believe the effect of the judgment is that the State must accommodate people, and, in the interim, radically improve and change what is offered to people. Government must use this as an opportunity implement the necessary changes to restore the dignity of those affected. It is unacceptable that we still have 2,352 people without accommodation after several High Court rulings.”

In particular, the Irish Refugee Council draws attention to the findings made by O’Donnell J that require a change to the Government response:

The additional Daily Expenses Allowance does not to allow a person to access basic housing-(paragraph 235).

The difficulty in accessing housing that unaccommodated applicants face- (paragraph 236).

The preponderance of international protection applicants remained without a form of housing- (paragraph 242).

The court does not accept the proposition that if a person is not identified as street homeless it can be inferred that they have resolved their housing problems- (paragraph 243).

The court does not accept that it is reasonable to infer that the majority of unaccommodated IP applicants have sourced accommodation through private means or by using the DEA- (paragraph 251.)

Of great significance is that the court found that IHREC proved that the range of services being offered to unaccommodated applicants is not adequate and that people have to make a choice between food, clothing or hygiene- (paragraph 253).

Also of significance is that the court accepts that the evidence presented establishes that the consequences of an inability access basic needs, particularly housing and hygiene services, leaves people in a deeply vulnerable and frightening position that undermines their human dignity- (paragraph 254).

Notes for editors:

The Irish Refugee Council's June 2023 report that captures the impact of homelessness among international protection applicants, “Now I live on the road,” is available here.

Since December 2023 we have met and supported more than 400 homeless international protection applicants.

Irish Refugee Council published an Accommodation Recommendations and Briefing Paper in December 2023 and is available here.

The High Court's April 2023 judgment of Justice Meenan is here.

The High Court’s December 2023 judgement of Justice Ferriter is here. Justice Ferriter stated: “As the review of the relevant law contained in this judgment makes clear, as a matter of EU law (as transposed into Irish law), the State remains under a continuing, mandatory obligation to provide international protection applicants with basic needs including accommodation on an uninterrupted basis from the point at which qualifying persons apply for international protection.”