State failing obligation to meet basic needs of asylum seekers, court told

High Court has begun hearing the IRHEC’s action challenging the lack of 'material reception conditions' for many adult male international protection applicants

Tents belonging to asylum seekers along the banks of the Grand Canal in Dublin. Picture: Sasko Lazarov

It is "absolutely clear" that the State has failed to meet its international obligations to meet the basic needs of asylum seekers, a human rights body has argued in the High Court.

Lawyers for the Irish Human Rights and Equality Commission (IHREC) submitted that the court should grant orders requiring the Government to bring "to an end" the current situation of leaving asylum seekers homeless.

The court has begun hearing the IRHEC’s action challenging the lack of “material reception conditions” for many adult male international protection applicants. This is the first time the commission has used its powers, under the 2014 IHREC Act, to bring representative proceedings concerning others’ human rights.

It was announced on December 4 that the State could no longer provide shelter to all newly arrived men.

The IHREC’s senior counsel, Eoin McCullough, told the court on Wednesday that 1,715 applicants were still awaiting an accommodation offer as of May 10.

A lack of resources “cannot be relied upon” as an excuse for failing to provide asylum seekers with accommodation, as required by article 1 of the European Union’s Charter of Fundamental Rights, he said. The State argues it is “doing its best” and for various technical reasons IHREC’s request is not appropriate, but the commission seeks to demonstrate it is, in fact, “incumbent” on the court to grant the orders it seeks, he said.

The obligation on the State is “not one of best efforts” but is a “legally binding obligation”, he said.

The failure to accommodate these men and to protect their physical and mental health is a breach of their rights, he added.

The commission’s case follows on from a High Court decision in April 2023 that ruled that the Minister for Integration breached his obligations to accommodate an Afghan asylum seeker who had to resort to begging after arriving in the State. The court said a €28 Dunnes Stores voucher and the addresses of private charities “does not come close to what is required”.

Since then the State has increased the weekly payment to those left homeless by €75 per week and has formal arrangements with charities to provide them with food and hygiene facilities.

The Minister for Integration, the Attorney General, and Ireland are contesting the commission’s case and deny Ireland is failing to meet its duties.

Mr McCullough said the €113.80 weekly allowance is insufficient and “clearly” does not enable the men to source their own shelter. The financial increase and other changes do not bring the State into line with its obligations, he said.

He added that there are “real risks” to the men’s security and health while sleeping rough.

The three-day case continues before Mr Justice Barry O’Donnell on Thursday, when the State is due to begin its defence.