Today a case taken by the Irish Human Rights and Equality Commission (the ‘Commission’) has commenced before the Supreme Court. These proceedings seek to address the State’s failure to provide for the basic needs of people recently arrived in Ireland and seeking international protection.
In August 2024, in a case taken by the Commission, the High Court ruled that in failing to provide for their basic needs, the State had breached the human right to dignity of 2,807 single male International Protection (IP) applicants. The State appealed that decision to the Court of Appeal, which issued a judgment in its favour in July 2025.
That Court of Appeal accepted that the Commission had proved that the IP applicants 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 their physical or mental health was undermined or that they were in a state of degradation incompatible with human dignity.
In November 2025, the Supreme Court granted the Commission leave to appeal the Court of Appeal's ruling. The hearing commences today and is scheduled for two days.
This case is the first time that the Commission has used its power to bring legal proceedings in its own name. In December 2023, when the Commission commenced these proceedings, it explained that it was doing so because of the gravity of the situation faced by unaccommodated IP applicants.
The Commission is making this statement in light of the public interest in the issues at hand and the nature of the legal power being used. As the case is ongoing, we will be making no further comment at this time.
ENDS