30-07-2025
Court of Appeal rules in State's favour over rights of International Protection applicants
The Court of Appeal has ruled in favour of the State after it challenged a High Court ruling regarding the rights of International Protection applicants to have their basic needs, including accommodation, met by the State.
The Irish Human Rights and Equality Commission (IHREC) used its legal power under the 2014 Act - under which it was established - to commence a judicial review in respect of International Protection applicants who were not offered accommodation when they made their asylum claim.
A year ago, the High Court ruled that the men had their right to human dignity breached by the State, through its failure to provide for their basic needs and it found that the Charter of Fundamental Rights under European law had been breached.
The State appealed the decision on a number of grounds, including the interpretation and/or the application of the 2014 Act by IHREC; the standard and the burden of proof that the High Court applied; and failure regarding relevant considerations, such as the additional needs payment made available which amounts to €113.80 per week.
In his judgement published this morning, Mr Justice Anthony M. Collins acknowledged the commission's "express statutory entitlement" to commence proceedings for the purpose of obtaining relief in respect of any matter concerning the human rights of any person or class of persons.
The court found that the evidence provided by IHREC from a small sample of homeless IP applicants was insufficient to prove that those conditions of extreme material poverty undermined the physical and mental health of the 2,800 IP applicants who were subject to the case, to the degree that it breached their right to human dignity.
