Asylum seekers denied housing may be able to sue
The judgment, delivered last Friday, stems from two test cases brought before the High Court by men seeking international protection who alleged the government had breached their rights under the EU Reception Conditions Directive and the Charter of Fundamental Rights of the European Union. Both men applied for asylum in 2023 but the state denied them accommodation. Each was issued with a €25 voucher and deemed ineligible for the standard daily allowance, which led to them sleeping rough in Dublin.
The government had argued the breaches were due to exceptional circumstances, namely an influx of asylum seekers, which amounted to force majeure. The CJEU rejected this argument, however.
Jim O'Callaghan, the justice minister, is said to be deeply concerned about the judgment given its potential to expose the state to scores of compensation claims from asylum seekers who were denied accommodation.
Immigration officials also fear the ruling could inspire fraudulent claims, with new applicants lodging cases when no accommodation is available in the hope of securing compensation.
On Saturday the Department of Justice confirmed the judgment was being examined. A spokesman said there had been sustained pressure on the international protection system since 2022, when a significant increase in applications began. The department added that while demand was still high, the rate of new applications had slowed since last October and the number without housing fell from more than 3,500 in March to 942 in July.
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