The High Court has granted permission to the Irish Human Rights and Equality Commission (IHREC) to take a legal case against the State over the failure to provide accommodation to all those seeking asylum here.
It is the first time the IHREC has used its power to take a legal action concerning the human rights of a person or class of people.
The Commission said it was taking this action because of "the gravity of the situation" and because of the nature of the destitution and risk faced by applicants for international protection who are not given accommodation.
It wants the court to make declarations that the failure to provide accommodation and supports breaches applicants’ rights under the Charter of Fundamental rights of the EU.
It also wants the court to compel the State to meet the basic needs of newly arrived applicants and to vindicate their fundamental rights.
On 4 December, the State announced it could no longer provide accommodation to all newly arrived male applicants.
Senior Counsel, Eoin McCullough told the court the 259 applicants currently without shelter had been offered €113.80 per week, which, although higher than the previous €38.80, was not enough to secure accommodation. The men are also being directed to places offering sleeping bags and tents, if required.
In a sworn statement to the court, the IHREC’s chief commissioner, Sinéad Gibney, said the Commission very carefully considered the matter before deeming it essential to bring this case.
She said the Commission had "very grave concerns" about the "very serious and persistent breach" of the human rights of affected newly arrived applicants.
This is the second time the State has announced that it cannot house all of the single men arriving here. It made the first such announcement in January of this year and the court was told it was several months before all new arrivals were being accommodated.
Ms Gibney said the Commission has engaged "intensively" with organisations working with homeless applicants and now believes their basic needs are not being met, despite the increased weekly allowance. She said she contacted the Minister about the shortfall and was told he was aware of the urgency and gravity of the situation.
In correspondence, the Minister said the weekly allowance was increased in light of the High Court’s findings in a previous case taken by an Afghan man in which the court ruled the man’s dignity had been breached by the State’s failure to provide him with accommodation, shelter, food and basic hygiene.
Ms Gibney said the Minister also pointed to the non-financial supports available to affected people, including NGOs working on the ground.
She added the Minister implied the Commission would be acting outside its powers by bringing proceedings due to the nature of the State’s obligations being challenged.
Ms Justice Niamh Hyland granted the application for leave to seek judicial review. She adjourned the matter until 23 January to allow the State parties to consider the position they wish to take.
