Appeal Court rules International Protection applicants experience extreme material poverty but stopped short of breach of dignity

30.07.2025

The Irish Human Rights and Equality Commission (the ‘Commission’) is examining a judgment delivered by the Court of Appeal today, arising from an appeal taken by the State against a High Court ruling that the State failed in its duty to provide for basic needs of international protection applicants thereby breaching their right to dignity.

These judicial review proceedings were brought by the Commission, in its own name, against the State. They were brought in respect of a class of persons, in this case International Protection applicants who were not offered accommodation when they made their asylum claim. The Commission argued that the State’s failure to provide for the basic needs of International Protection applicants breached their human rights. The Commission also asked the High Court to compel the State to fulfil its legal obligations to provide for the basic needs of International Protection applicants.

Today’s ruling by the Court of Appeal finds that the failure to meet the accommodation needs of International Protection applicants placed them in a situation of extreme material poverty. 

However, the Court held at paragraph 45 of the Judgment that:

“a finding that a person is in a situation of extreme material poverty by reason of which he or she cannot meet his or her most basic needs does not automatically give rise to the inference that a person’s health is thereby undermined or that s/he is in a state of degradation incompatible with human dignity. Both of these elements must be proved to establish the presence of a breach of Art. 1 of the Charter of Fundamental Rights of the EU.”

The Court found that the Commission did not provide adequate evidence to prove that the physical or mental health of these International Protection applicants was undermined or that the extreme material poverty experienced by the International Protection applicants amounted to degradation incompatible with human dignity.

In its deliberations, the Court referred to the legal power of the Commission used to bring the proceedings. Section 41 of the IHREC Act 2014 provides that the Commission may bring a case ‘in respect of any matter concerning the human rights of any person or class of person’. Contrary to the State’s argument, the Court held that the Commission was entitled to bring the case under this power to seek a declaration that the State had breached the human rights of International Protection applicants. 

Chief Commissioner Liam Herrick said:

“While we are disappointed with the Court’s ultimate finding, we welcome the ruling on our section 41 power to bring this case and other similar cases. We will closely examine this judgment and the Commission as a whole will consider whether or not to appeal. In the meantime, the substantive issues remain. Thousands of International Protection applicants are experiencing extreme material poverty. As of July 2025, there are 1,333 International Protection applicants who are without accommodation. Under EU law the State has an obligation to provide for their basic needs”.

ENDS/

For further information, please contact:

Sarah Clarkin, IHREC Communications Manager,

01 852 9641 / 087 468 7760

sarah.clarkin@ihrec.ie

Editor Notes

The Commission’s engagement on the rights of International Protection Applicants

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. 

It has 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 its concerns.

• 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 it’s intention to contest the State’s appeal of the High Court Ruling.

The Power of the Commission to Initiate Proceedings

The Commission’s function under section 10(1) of the 2014 Act include

• to protect and promote human rights and equality
• to encourage the development of a culture of respect for human rights, equality and intercultural understanding in the State,
• to promote understanding and awareness of the importance of human rights and equality in the State,
• to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and
• to work towards the elimination of human rights abuses, discrimination and prohibited conduct.

In furtherance of these functions, the Commission has the power “where is sees fit, to institute proceedings under section 41 or section 19 of the Act of 2003, as may be appropriate.”

Section 41 of the 2014 Act provides:

• The Commission may institute proceedings in any court of competent jurisdiction for the purpose of obtaining relief of a declaratory or other nature in respect of any matter concerning the human rights of any person or class of persons.
• The declaratory relief the Commission may seek to obtain in such proceedings includes relief by way of a declaration that an enactment or a provision thereof is invalid having regard to the provisions of the Constitution or was not continued in force by Article 50 of the Constitution.

The Irish Human Rights and Equality Commission

The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.

The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures