The High Court has found that the State response to the needs of International Protection applicants is in breach of the Charter of Fundamental Rights of the European Union.
Mr Justice Barry O'Donnell delivered the judgment after the Irish Human Rights and Equality Commission (IHREC) took a case against the State regarding its adherence on its obligations towards those seeking asylum in Ireland.
The High Court was asked to decide if the failure to provide accommodation to newly arrived asylum seekers is unlawful and a breach of their right to dignity under Article 1 of the EU Charter of Fundamental Rights which centres on human dignity.
Mr Justice O'Donnell said that by failing to meet their basic needs and leaving IP applicants without accommodation or the means to access 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".
The court did not grant the mandatory orders sought by the commission.
Mr Justice O'Donnell said the court was not satisfied that there is a basis for concluding that the State 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 commission initiated proceedings in the High Court last December seeking to address the State's failure to provide for the basic needs including shelter of people recently arrived in Ireland seeking asylum.
It was the first time IHREC used its legal power because of the gravity of the situation and the nature of the destitution and risk faced by unaccommodated International Protection applicants.
The action sought to compel the State to fulfil its legal obligations to provide for the basic needs of IP applicants, including the provision of shelter, food and access to basic hygiene facilities.
The case was heard over three days in June.
IHREC also sought declarations from the court that the failure to provide for the basic needs of IP applicants breached the human rights of the people affected.
The commission asked the court to compel the State to provide for the basic needs including accommodation of unaccompanied applicants.
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Tánaiste and Minister for Foreign Affairs Micheál Martin said he had not yet read the full judgment, but the Government "has always accepted" its "obligations under the EU Charter of Fundamental Rights".
"From what I’ve read in the accounts, the court accepts that the Government is making strenuous efforts to meet our obligations in terms of providing accommodation for those seeking asylum in Ireland," he said.
"There have been huge pressures in more recent times, because of the huge increase in numbers that are coming into Ireland, compared to what was happening before Covid.
"There are pressures that we acknowledge, but every effort has been made to accommodate as quickly and as effectively as possible.
"We will continue to do everything we possibly can to fulfil our international legal obligations."
Mr Martin said the Government would take time to study the judgment in its entirety.
Human rights groups welcome court decision
IHREC welcomed the High Court judgment with Head of Legal Michael O'Neill saying that not only had the court clarified important points of law, but critically: "It has recognised that the State’s failure to meet the basic needs of IP applicants has put them in a deeply vulnerable position where they cannot live in dignity and security".
He pointed out that when IHREC began proceedings last December, 259 IPAs were unaccommodated by the State and "that number now stands at 2,352".
The Movement of Asylum Seekers in Ireland (MASI) also welcomed ruling, saying in a statement that "it is disgraceful that we have a government that restricts the right to work for asylum seekers and fails to provide for their basic needs".
MASI called on the Government to "reflect on the ruling and its conduct" and to implement changes that improve the quality of life for asylum seekers.
The Irish Refugee Council (IRC) described the decision as not just extremely important because of the outcome, but also because of the analysis and findings made of the State's practical response.
IRC Chief Executive Nick Henderson said: "We believe the effect of the judgment is that the State must accommodate people, and, in the interim, radically improve and change what is offered to people".
The UN Refugee Agency, UNHCR, called on the Government to take immediate action to provide accommodation to all asylum seekers, pointing to the High Court judgment that these individuals are "left in a deeply vulnerable and frightening position that undermines their human dignity".
Additional reporting Kate Varley
