Human rights watchdog challenges Government over failure to provide supports for asylum seekers

Ireland’s human rights watchdog has challenged the Government in the High Court over its failure to provide suitable accommodation and supports for asylum seekers.

Ms Justice Niamh Hyland gave the Irish Human Rights and Equality Commission (IHREC) leave yesterday to take judicial review proceedings, which will return to the court on January 23rd, when the State will be represented.

IHREC is seeking mandatory orders that would require the Minister for Equality and Integration Roderic O’Gorman to establish a system that vindicates the fundamental rights of international protection applicants, senior counsel Eoin McCullough told the court.

There are currently 259 applicants for asylum, or international protection, without shelter who have been offered €113.80 per week, which, although higher than the previous €38.80, is not enough to secure accommodation, Mr McCullough said. The men are also directed to places offering sleeping bags and tents if required, he added.

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The commission has “very grave concerns” about the “very serious and persistent breach” of the human rights of affected newly-arrived applicants, the IHREC chief commissioner Sinead Gibney said in an affidavit.

The State first announced in January that it could not house all of the single men who arrived here. It was several months before all new arrivals were being accommodated. However, this month the State has again found itself unable to provide accommodation for new arrivals.

Ms Gibney 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 and has been assessed to be sufficient to meet applicants’ basic needs.

This is the first time that the IHREC has used its powers to launch a legal action against the State.

Last night, the Commission said: “This legal action seeks to compel the State to fulfil its legal obligations to provide for the basic needs of IP applicants, including the provision of shelter, food and access to basic hygiene facilities. It also seeks declarations from the Court that the failure to provide for the basic needs of IP applicants breaches the human rights of the people affected.”

A spokesman for Mr O’Gorman said his department “continues to make every effort to provide accommodation and material reception conditions to those seeking international protection”.

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