The State has appealed against a High Court decision holding that the State’s failure to provide for the basic needs of homeless asylum seekers is a breach of their fundamental rights.
The Irish Human Rights and Equality Commission (IHREC) on Tuesday confirmed the State’s appeal was lodged with the Court of Appeal.
The commission issued its challenge in December of last year after the Government announced for the second time that it could not accommodate all single adult male arrivals amid “unprecedented pressure” on services.
At that point 259 adult male applicants were awaiting an offer of accommodation. This figure now stands at 2,987, according to Department of Integration figures.
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In a statement on Tuesday, IHREC’s head of legal Michael O’Neill said the number of unaccommodated applicants has continued to rise and the situation continues to be a “humanitarian emergency”.
“Once again, so many are facing into an Irish winter without accommodation and we are cognisant of the deteriorating weather conditions in the coming days,” he said.
The IHREC’s case, brought on behalf of a cohort of homeless asylum seekers, followed on from a High Court decision delivered in April of last year which found the State breached its obligations to accommodate an Afghan asylum seeker.
In response, the State raised the weekly expenses payment to those left homeless by €75 and made formal arrangements with charities to provide food and hygiene facilities.
The IHREC’s subsequent case contended the €113.80 weekly allowance was still insufficient as it did not enable the men to source alternative shelter. The State parties argued the changes brought them into line.
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