Minister claims legal case could see asylum seekers entitled to damages, but not homeless people
The Dublin Fianna Fáil TD was referring to the case of two asylum seekers who had been left sleeping rough as the State was unable to provide them with beds.
O'Callaghan said he was concerned about how the situation may be viewed by the public and other EU member states, adding that it would be 'very hard to justify' a scenario where asylum seekers can receive compensation while homeless people could not.
He said he expects a decision by the European Court of Justice (ECJ) will grant the two people the chance to take action for damages.
The minister said the Government needed to ensure that in trying to 'vindicate certain rights, we do not marginalise or demote other equally legitimate rights', such as those of homeless people.
In a wide ranging address at the Institute of International and European Affairs (IIEA) in Dublin on the topic of 'balancing competing human rights' in his brief of Justice, Home Affairs and Migration, the minister said he believes the Government is 'getting the balance right' in how it addresses accommodation of asylum seekers in Ireland, amid attempts by 'people on the hard right' to pressure politicians on the issue.
Delighted to welcome
@iiea
this morning
@OCallaghanJim
, Minister for Justice, Home Affairs and Migration
@DeptJusticeIRL
, to speak on Balancing Competing Human Rights in the Area of Justice, Home Affairs and Migration.
#iieaevents
#JusticeAndHomeAffairs
#HumanRights
#Migration
…
pic.twitter.com/Jrn7LA8Bsl
— IIEA (@iiea)
July 16, 2025
The minister also ruled out the construction of centres for holding people seeking international protection.
Instead O'Callaghan
committed to the purchase of larger scale properties such as City West for the same purpose
.
O'Callaghan likened the
crackdown on asylum seekers and use of government charter deportation flights
to 'a bit of a correction', compared to the fewer deportations that took place in previous years.
Three deportation flights have taken place this year so far, the first time they have been used in recent years.
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Ireland's preparations for the overhaul of the asylum system
came under the spotlight this week
, with the Irish Human Rights and Equality Commission commenting that it believes the new system will be 'prone to legal challenge, administrative dysfunction and human rights violations' given the short timeline.
The government has one year to introduce new legislation to bring Ireland in line with EU requirements under the Asylum and Migration Pact.
O'Callaghan said that the international protection system is 'not working', as it has seen people waiting for three years and even longer for a decision on their status.
'Like nobody thinks the current system is working,' O'Callaghan said.
'I think there is a benefit in people being given a decision as quickly as possible. Obviously I'm conscious that if in making quick decisions, you've got to ensure that people's rights are protected and vindicated.'
'Diet of coverage' about crackdown
He had been challenged by a retired civil servant in the audience about whether the Government could do more to 'emphasise the positive contribution' which migrants, refugees and asylum seekers make to society.
The ex-civil servant said that while immigration measures appeared 'reasonable', there was 'a diet of almost daily coverage' about the the government's immigration crackdown.
This had the cumulative effect to 'imply that migrants, refugees and asylums are kind of a threat to Irish society', the man added.
Defending the government's record, O'Callaghan said that he believed the government had struck the balance and that it was important that the 'public are aware that there is a rules based system' in international protection.
'There has to be a recognition that if somebody comes in and they're not they don't succeed in their application, there has to be a consequence,' O'Callaghan said.
'So I think it is important that the public are aware that there is a rules based system, and maybe there's a bit of a correction in terms of what happened in previous years.'
O'Callaghan said that the area has become a 'contentious political issue, no doubt manipulated by people on the hard right' and added: 'We're trying to get the balance right. We always won't, but I think we are getting the balance right.'
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