Failure to provide accommodation to Afghan asylum seeker 'unlawful', courts rules

What was provided by the integration minister 'fell far short of what is required', particularly in terms of the lack of accommodation/ shelter, the provision of food and basic hygiene, judge said

The failure of the minister for integration to provide 'material reception conditions' to the Afghan asylum-seeker left homeless when he arrived in this State is unlawful, the High Court has declared.

An Afghan asylum-seeker left homeless and who had to resort to begging when he arrived in Ireland has won a key High Court legal challenge.

The failure of the minister for integration to provide “material reception conditions” to the Afghan asylum-seeker left homeless when he arrived in this State is unlawful, the High Court has declared.

Mr Justice Charles Meenan concluded the minister is in breach of his obligations under the European Union (Reception Conditions) Regulations of 2018 and the Charter of Fundamental Rights of the European Union.

He also declared the failure to provide the reception conditions breached the applicant’s rights under Article 1 of the Charter of Fundamental Rights of the EU.

Several similar cases are in the pipeline.

The applicant, a young single male, was entitled to “material reception conditions” under the 2018 regulations, said the judge.

What was provided by the minister “fell far short of what is required”, particularly in terms of the lack of accommodation/ shelter, the provision of food and basic hygiene, he said.

The judge was asked to make the declarations in a case brought by a young single male who applied for international protection in the State. He noted the Afghan man’s case is “but one of many” from single males seeking international protection in Ireland.

This applicant claims he is a minor, aged 17, but was treated as an adult in the system and, the judge said, this matter remains under review.

The male, who says his father was killed by the Taliban last autumn, was left homeless upon arrival in this state on February 7 until he received accommodation on February 28.

Dunnes Stores voucher

He claimed he was given a €28 Dunnes Stores voucher and had no food and had to resort to begging. He said he slept in different locations around Dublin’s city centre, felt constantly scared and feared attack.

The male’s lawyers, Colm O’Dwyers SC, instructed by the Irish Refugee Council Independent Law Centre, noted there were many other cases like his so there was a benefit to continuing to pursue declarations regarding the minister’s obligations, even though the applicant received accommodation before the hearing.

Lawyers for the State “unambiguously” accepted the minister’s legal requirement to accommodate the protection applicants and provide accommodation at the “first possible opportunity”.

The court was told there was no question of a failure or refusal to act, but the State was dealing with a 600% increase in international protection applications since the start of 2021. The accommodation problems have been compounded by those fleeing the war in Ukraine, the court heard.

All women, children and family applicants seeking international protection were accommodated since Dublin’s Citywest processing centre ceased taking new arrivals on January 19, the State said.

Adult males have been receiving accommodation in chronological order from the date of their arrival.

In his ruling on Friday, Mr Justice Meenan said the minister admitted that prior to February 28, he did not afford to the applicant “material reception conditions”, which included “accommodation/housing” to which he is entitled under the 2018 regulations.

The minister outlined that every possible effort has been made to secure more accommodation for international protection applicants.

The judge said the minister’s efforts to secure accommodation did not absolve him of his duties under the 2018 Regulations. Giving a €28 Dunnes Stores and the addresses of private charities” does not come close to what is required”, he added.

Article 1 of the Charter of Fundamental Rights states that human dignity is inviolable and must be respected and protected, he noted.

The judge granted two declarations and scheduled the case for mention next month to deal with any further orders and costs.

The action was against the minister, Ireland, the Attorney General and the Child and Family Agency.