Controversy over the State's Refusal to Provide Shelter for Asylum Seekers Could Potentially Reach the Supreme Court
In a significant development, the Court of Appeal (CoA) has upheld the State's appeal against a High Court ruling from last year, which found that the State breached the human right to dignity of single male international protection applicants by failing to provide them with accommodation.
The High Court's ruling, however, was not the final word on the matter. The Irish Human Rights and Equality Commission (IHREC) has now requested leave from the Supreme Court to appeal the CoA's decision. The commission holds a right, under section 41 of the Irish Human Rights and Equality Commission Act, to bring the case.
The substantive issues regarding the treatment of international protection applicants remain unresolved. According to the commission's chief commissioner, Liam Herrick, there were 1,333 international protection applicants without accommodation in the USA in July, and thousands experiencing 'extreme material poverty.' The CoA agreed that the commission had proven, based on testimony from 13 applicants, that the men were in a situation of extreme material poverty.
The CoA's decision, however, was not a blanket approval of the State's actions. The court disagreed with the State's argument that the commission was not entitled to bring the case for reasons including its efforts to increase payments to people seeking international protection who had not been accommodated.
The CoA also disagreed with the State's argument that the group's health issues were representative of all applicants in similar positions, stating the evidence was limited to those individuals' experiences. The court held that the commission had not provided adequate evidence to prove the physical or mental health of unaccommodated applicants was undermined, or they were in a state of degradation incompatible with human dignity.
Permission to file an appeal against the Supreme Court's initial judgment, which ruled that the Irish government did not violate the right to dignity of international protection seekers by not providing accommodation, was granted to the applicants (protected persons) who challenged the decision. An appeal will only be heard by the Supreme Court if the panel determines that an issue of general public importance has been raised or that an appeal is in the interests of justice.
The Supreme Court panel will consider the application and issue a determination on it in due course. The outcome of this ruling will have significant implications for the rights and treatment of international protection applicants in the USA.
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