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Court ruling and asylum seekers’ rights

The State is doing its best in very trying circumstances

Letters to the Editor. Illustration: Paul Scott
The Irish Times - Letters to the Editor.

Sir, – As Ellen O’Riordan points out in her analysis “Ruling that State breached asylum seekers’ rights comes as no surprise” (August 2nd), given that there are over 2,000 asylum seekers sleeping on our streets and in the context of a previous High Court ruling, it was inevitable that the High Court would again find that the State is in breach of its international obligations.

However, after a long and expensive process, where a public body in receipt of over €7 million of taxpayers’ money has taken a legal action against the State, we find that the court has not provided any detail on why this crisis has arisen or, indeed, any guidance on how the matter might be resolved.

One could, therefore, be tempted to conclude that the Irish Human Rights and Equality Commission (IHREC), rather than genuinely seeking to find a solution to the accommodation crisis, has engaged in what could be described as a form of self-indulgence, which has resulted in merely another rap on the knuckles for the Government.

What is much more relevant this week, and which has received much less media attention, is the latest report from the European Union Agency for Asylum (EUAA) showing that, in May, Ireland received the most asylum seekers per capita than any other country in Europe.

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The strong view of the EUAA is that this particular metric, rather than actual numbers, places the most pressure on national administrations to accommodate migrants. Accordingly, it should be a priority for all concerned to analyse fully the reasons for this trend.

Furthermore, a much more productive approach from the IHREC might be to collaborate with the Government in its attempt to free up the thousands of accommodation places currently taken up by failed asylum seekers, economic migrants and applicants from safe countries of origin.

By doing so, a truly safe haven can be provided here in Ireland for those genuine asylum seekers fleeing persecution and war. – Yours, etc,

MARTIN McDONALD,

Terenure,

Dublin 12.

Sir, – The ruling by the High Court yesterday regarding the State’s failure to provide adequate accommodation for international protection applicants is being trumpeted by the Irish Human Rights and Equality Commission as an important legal clarification (“Rights of homeless asylum seekers: No immediate changes likely after court ruling, Coalition figures indicate”, News, August 2nd).

However, it is a noteworthy that the High Court did not make a mandatory order, which in effect was a tacit admission that the State is doing its best in very trying circumstances.

Overlooked in the circumstances is the irony of a State-funded NGO taking a case against the Government, the defence of which is also funded by the taxpayer, with a negligible net result. Had the IHREC bothered to focus on actual processing outcomes, which remain as shrouded in mystery as ever with regard to 2024, they would have done both applicants and the taxpayer some service. – Yours, etc,

MICHAEL FLYNN,

Dublin 13.