The Irish Human Rights and Equality Commission has written to Minister Roderic O’Gorman to highlight our deep concern at reports of a shortfall in emergency accommodation for applicants for International Protection as soon as this week.
If the State does fail to provide accommodation for people seeking International Protection here, it would be in breach of the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230/2018) and the related European Directive. Furthermore, in April the High Court ruled, in a judicial review case concerning the human rights of people arriving in the State seeking International Protection, that failure to provide International Protection applicants with material reception conditions was unlawful, and that it amounted to a breach of the applicant’s right to dignity under the Charter of Fundamental Rights.
Failure to provide accommodation can lead to related breaches of the law with respect of the provision of material reception conditions that include food, a daily expense allowance, clothing, basic hygiene facilities and access to healthcare, all of which are to ensure an adequate standard of living for those applicants. Alongside this, an assessment of the special reception needs of an applicant for International Protection must be completed within 30 working days from when they make that application. This is likely to be significantly impeded if a person is without accommodation and any vulnerabilities exacerbated by a period of homelessness.
We stress that while it is critical that the immediate emergency of a lack of shelter for newly arriving International Protection applicants is met with the appropriately swift response, we are also of the view that the medium and longer-term solution to the ongoing needs of those seeking International Protection – and Temporary Protection – in Ireland needs to be an urgent, whole-of-government priority.
Sinéad Gibney, Chief Commissioner said,
“International Protection applicants, who may have experienced persecution, trauma or destitution prior to arriving in Ireland, are among the most vulnerable members of our society. Any refusal of shelter by the State puts these individuals at high risk on the streets, particularly in the context of increased activity by those wishing to foment anti-immigrant sentiment.”ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 852 9641 / 087 468 7760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC