Latest news with #Section41
The Journal
01-08-2025
- Politics
- The Journal
Judge overturns ruling that State breached human rights for not accommodating asylum seekers
AN APPEALS COURT judge has overturned a decision which ruled that the State was in breach of its human rights obligations over failing to provide basic needs, such as housing, to international protection applicants. The state ran out of public accommodation for asylum seekers almost two years ago and increased payments and provided temporary shelter, such as tents, to those who arrived by themselves and were without housing. In March, the State launched an appeal of a High Court decision last year that ruled the state was in breach of its international human rights obligations over the failure to provide necessities to people seeking asylum in Ireland . The ruling opened up the possibility for the state to be sued in the future. Today, a Mr Justice Anthony Collins overturned the ruling and stated that the Irish Human Rights and Equality Commission, which took the original case against the state, failed to uphold its claims that a lack of services impacted people's health status. Advertisement The Commission had claimed that the failure to place people seeking international protection into publicly-provided housing resulted in extreme material poverty and impacted their physical and mental health. The court accepted that people seeking international protection in Ireland could be classified as being in extreme material poverty, on account of testimony from 13 asylum seekers who claimed the lack of services had an impact on the status of their health. However, the judge disagreed that the group's health issues, as a result of a lack of services, were representative of all applicants in similar positions. 'That evidence is necessarily and understandably limited to those individuals' experiences,' the judgment said. It added that the Commission had not 'demonstrated to the satisfaction of the Court how that evidence can be applied across the board' or that they were 'put in a state of degradation incompatible with human dignity'. Section 41 In its appeal, the state had also argued that the Commission was not entitled to bring a Section 41 case, which allows it to challenge government decisions that it reasonably believes risks the fulfilment of international obligations. The state submitted argued that there was no basis for the claim, as the then-Minister for Integration Roderic O'Gorman had made efforts to increase payments to people seeking international protection who were not provided with public accommodation. Related Reads Fences will continue to be erected along canal if more tents appear, says Waterways Ireland boss 'You can't erect a tent wherever you want' - Taoiseach responds to 'cruelty' accusations Ministers to discuss a €75 payment to asylum applicants after accommodation runs out Mr Justice Collins rejected this today, however. He said that the Commission had a right, under Section 41 of the Irish Human Rights and Equality Commission Act 2014, to bring the case forward. 'The Commission's institution of these proceedings comes within the intendment of that provision, by reason of which they were properly before the High Court,' he wrote. Speaking today, chief commissioner Liam Herrick said while the human rights watchdog was 'disappointed with the Court's ultimate finding', it welcomes the ruling which allows it to continue to legally challenge decisions. 'We will closely examine this judgment,' he said. 'And the Commission as a whole will consider whether or not to appeal.' He added: 'In the meantime, the substantive issues remain. Thousands of International Protection applicants are experiencing extreme material poverty. 'As of July 2025, there are 1,333 International Protection applicants who are without accommodation. Under EU law the State has an obligation to provide for their basic need.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Independent
21-07-2025
- Irish Independent
Raft of vehicles seized from rogue drivers in Monaghan as gardaí hunt gang behind botched weekend raid
Four cars were taken off the road in a single day by officers attached to the county's Roads Policing Unit in Carrickmacross. Among the offences detected were for no insurance and learner drivers being found at the wheel without a fully qualified licence holder alongside them. A garda spokesperson also confirmed one of the motorists stopped and spoken to by gardaí, was later arrested on suspicion of driving under an intoxicant. 'Monaghan Roads Policing unit in the Carrickmacross District seized four vehicles under Section 41 of the Road Traffic Act in a single day last week for no insurance and learner drivers unaccompanied,' said the spokesperson. 'One of the drivers was arrested on suspicion of intoxicated driving.' Separately, gardaí have issued a public appeal in connection to botched attempts by thieves to steal Eir cable along a stretch of Threemilehouse Road, just past the county town's Rossmore Park entrance during the early hours of Friday morning. Gardaí are satisfied the culprits behind the abandoned raid were travelling in a red Northern Ireland registered Audi. As such, gardaí are hoping assistance and eye witness evidence from passing motorists and members of the public who were in the area at the time, could hold the key in brokering a breakthrough in the investigation. Anyone with information is asked to contact Monaghan Garda Station on 047-77200 or the Garda Confidential Line on 1800 666 111.
New Indian Express
14-05-2025
- Politics
- New Indian Express
Vijayawada Special Court grants bail to YSRCP's Vamsi in kidnap case
VIJAYAWADA: The Vijayawada SC/ST Special Court on Tuesday granted bail to YSRCP leader and former MLA Vallabhaneni Vamsi Mohan in the Satyavardhan kidnap case. Co-accused Ganta Veerraju (A4), Olupalli Mohan Ranga Rao (A5), Nimmala Lakshmipathi (A8), and Velupuri Vamsi (A10) also secured bail. Vamsi was arrested on February 13 for allegedly kidnapping and intimidating Satyavardhan, who had filed a complaint regarding the TDP office attack case. Following his arrest, Vamsi was remanded to judicial custody in Vijayawada Jail. He was granted bail in a land grabbing case on April 7 but remained in jail under a 90-day remand in the kidnap case, which expired on Tuesday. During the court hearing, Vamsi cited health issues, claiming he was suffering from breathing problems and other ailments. The court granted bail with a Rs 50,000 security deposit and two sureties. Despite securing bail, he remains in jail due to his ongoing remand in the TDP office attack case, which continues until May 21. Meanwhile, the Vijayawada Central ACP submitted a 30-page chargesheet in the kidnap case on Monday, a day before the 90-day remand period ended. According to legal procedure, if the chargesheet is not filed within 90 days, the court is bound to grant bail. In this case, the police filed the chargesheet just before the deadline. Vamsi's arrest was followed by multiple cases being registered against him. While he was granted bail in the land grabbing case, notices were issued under Section 41 of CrPC in other cases. Vamsi was admitted to the Government General Hospital in Vijayawada on Tuesday after complaining of breathing difficulties. Medical tests were conducted, and the reports are expected on Wednesday. If the court grants him bail in the TDP office attack case, he is likely to be released from jail, subject to further legal proceedings.
