IHREC launches High Court case against State over failure to accommodate refugees
Irish Human Rights and Equality Commission chief commissioner Sinéad Gibney. Picture: Maxwells
Ireland’s human rights watchdog has launched High Court proceedings against the Government over its failure to provide accommodation to all International Protection (IP) applicants.
It is the first time the Irish Human Rights and Equality Commission (IHREC) has invoked its powers to initiate a legal action concerning the human rights of a person or class of people in its own name.
The State has not been able to offer State accommodation despite its legal obligations to do so to 259 asylum seekers.
In papers filed on Thursday, IHREC told the High Court it has written to Integration Minister Roderic O’Gorman indicating its intention to use the legal power because of the gravity of the situation and the nature of the “destitution and risk” faced by unaccommodated IP applicants.
The legal action seeks to compel the State to fulfill its legal obligations to provide for the basic needs of IP applicants, including shelter, food, and access to basic hygiene facilities.
It also seeks declarations from the court that the failure to provide for the basic needs of IP applicants breaches the human rights of the people affected.
The High Court has already ruled that an Afghan man’s fundamental right to human dignity was breached by the State’s failure to provide him with “material reception conditions”, including accommodation, shelter, food and basic hygiene, when he arrived here in February.
IHREC, which was established under a 2014 Act, sought to distinguish its case from earlier ones, which were brought by individual international protection applicants left homeless.
Now the IHREC is challenging the “system” and is seeking mandatory orders that would require the minister to establish a system that vindicates the fundamental rights of international protection applicants, the commission’s senior counsel, Eoin McCullough, told the court on Thursday.
The 259 applicants currently without shelter have been offered €113.80 per week, which, although higher than the previous €38.80, is not enough to secure accommodation, he added. The men are also directed to places offering sleeping bags and tents, if required.
In a sworn statement to the court, the IHREC’s chief commissioner, Sinéad Gibney, said the commission very carefully considered the matter before deeming it essential to bring this case. She added:
A spokesperson for the minister’s department said it notes the action taken by the IHREC and it continues to make every effort to provide accommodation and material reception conditions to those seeking international protection.
Ms Gibney said she contacted the minister about the shortfall and was told he was aware of the urgency and gravity of the situation. In correspondence, the minister said the weekly allowance was increased in light of the High Court’s findings in the Afghan’s case and this has been assessed to be sufficient to meet applicants basic needs.
Ms Justice Niamh Hyland heard the application for leave on an urgent basis while only the commission was aware of the move.
She was satisfied there were “arguable” grounds to warrant her permitting the case to be brought in the High Court against the minister, Ireland, and the Attorney General.
She adjourned the case to January 23.
Ms Gibney added: “Many of these people are extremely vulnerable, isolated, non-English speaking, afraid, financially destitute and unaware of their rights.
"They face the unacceptable reality of sleeping rough, in the middle of winter, on streets that have so recently seen groups fomenting anti-immigrant sentiment.
“At the very least they must be provided with shelter and basic provisions.
"Leaving them to fend for themselves is not an option at any time of the year, but particularly as we face into the cold Christmas period.”
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