The Irish Human Rights and Equality Commission (IHREC) recently announced that it will be presenting a case to the Irish High Court, taking issue with the state’s ineffective housing provisions for asylum seekers. Significantly, this case serves as a notable example of IHREC utilizing its statutory powers to challenge the state in court.
A press release from the IHREC informed that the state’s Minister for Children, Equality, Disability, Integration and Youth had been alerted of the action given the consequential nature of the situation and the dangers faced by international protection applicants who are without proper accommodation. The High Court has granted IHREC permission to proceed with a judicial review of the Minister. These powers are legalized under section 41 of the
Irish Human Rights and Equality Commission Act 2014.
The IHREC had previously expressed disapproval over an amendment in January 2023, whereby applicants for international protection who are single and not in the company of children would not be provided with accommodation. The commission asserts that this change resulted in the state clearly violating its international duties, underlining Ireland’s responsibility to accommodate applicants through the
European Communities (Reception Conditions) Regulations 2018.
In detailing its legal action, the IHREC stated, “We are seeking a High Court declaration that the State’s failure to provide for the basic needs of international protection applicants is in breach of the
EU Charter of Fundamental Rights,
the
ECHR
and/or the Constitution. We are also seeking an order requiring the Minister to provide material reception conditions, including accommodation and/or sufficient financial assistance to meet the basic needs of applicants.”
For additional details about the developing legal case, follow
this link.