The Irish Human Rights and Equality Commission (the 'Commission’) has announced that the Supreme Court has this week granted it leave to appeal the Court of Appeal's recent ruling on unaccommodated International Protection applicants ('IP applicants').
In August 2024 the High Court ruled that, in failing to provide them with accommodation, the State had breached the human right to dignity of 2,807 single male IP applicants. The State appealed that decision to the Court of Appeal, which issued its judgment in July of this year. That court accepted that the Commission had proved that these men were in a situation of extreme material poverty. However, in granting the State's appeal, the Court of Appeal ruled that the Commission had not provided adequate evidence to prove that the men's physical or mental health was undermined or that they were in a state of degradation incompatible with human dignity.
Last month the Commission applied to the Supreme Court for permission to appeal the Court of Appeal's decision. The Supreme Court has ruled that it will hear the appeal.
Given that the Supreme Court Appeal has now been accepted, we will not make further comment on the substance of the case at this time.
Notes to editors:
Since January 2023, the Commission has consistently raised its concern regarding the issue of the lack of provision for the basic needs for International Protection Applicants. We have sought to address this through various mechanisms, including writing to the Minister on a number of occasions, as well as several public statements setting out our concerns. All potential avenues were exhausted before the Commission took this case as you can see below.
In January 2023, the Commission wrote to the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman TD, to express its view that Ireland is in clear breach of its international obligations regarding newly arrived applicants for International Protection.
In March 2023, the Commission appeared before the High Court as amicus curiae (‘friend of the court’) in two important cases concerning the human rights of individuals who arrived in the State seeking International Protection.
In April 2023, the Commission welcomed the outcome of that case, which saw Mr Justice Meenan issue Declarations stating that the Minister’s failure to provide International Protection applicants with material reception conditions was unlawful, and that amounted to a breach of the applicant’s right to dignity under the Charter of Fundamental Rights.
At the beginning of December 2023, the Commission wrote again to Minister O’Gorman to highlight its deep concern at early reports of a shortfall in emergency accommodation for applicants for International Protection.
On 21 December 2023, the Commission was granted leave by the High Court, brought in its own name, seeking to address the State’s failure to provide for the basic needs, including shelter, of people who had recently arrived in Ireland and were seeking asylum.
On 29 May 2024, the Commission released a statement on the first day of the high court proceedings in this case.
On 1 August 2024, the High Court found that the State had failed in its duty to provide for the basic needs of international protection applicants, thereby breaching their right to dignity
On 19 November 2024, the State announced it would appeal the High Court judgement.
On 06 March, the Commission announced its intention to contest the State’s appeal of the High Court Ruling.