Ireland breaching asylum seekers' rights - High Court

The Irish Human Rights and Equality Commission took the case against the Irish government

The High Court in Dublin has found the Irish government’s response to the needs of those seeking asylum is in breach of the EU Charter of Fundamental Rights.

The court was asked to decide if a failure to provide accommodation to newly arrived International Protection applicants is unlawful and a breach of their right to dignity.

The judgement was delivered after the Irish Human Rights and Equality Commission (IHREC) took a case against the government regarding its adherence to its obligations towards newly arrived asylum seekers.

Mr Justice Barry O'Donnell said that by failing to meet applicants' basic needs in regard to accommodation, "the State has breached the rights of those persons as provided for in Article 1 of the Charter of Fundamental Rights of the European Union".

'Making strenuous efforts'

The court did not grant the mandatory orders sought by the IHREC, according to Irish broadcaster RTÉ.

Mr Justice O'Donnell said the court was not satisfied that there was a basis for concluding that the government will ignore its obligations.

"The State has made clear, and the court accepts, that it is making strenuous efforts to redress the situation," he said.

The case, which was heard over three days in June, was the first time IHREC used its legal power.

The action sought to compel the Irish government to fulfil its legal obligations to provide for the basic needs of those seeking asylum, including the provision of food, shelter and access to basic hygiene facilities.

Hundreds of tents being used by asylum seekers have been removed from the Dublin area in recent months.