The court today handed down a landmark judgment following a preliminary reference made by the Irish High Court in December 2023.

The case was brought by two asylum seekers — an Afghan national and an Indian national — who were forced to live for a number of weeks in precarious conditions after Irish authorities refused to provide them with the minimum reception conditions required by EU law.

They were each issued with a single voucher for €25 and told they could not be allocated housing because of a lack of available accommodation in dedicated reception centres.

Without having such accommodation, the two asylum seekers were not eligible for the daily expenses allowance provided for by Irish law. They therefore slept on the streets or, occasionally, in precarious accommodation.

They say they went short of food, could not maintain their personal hygiene and suffered violence.

Irish government lawyers sought to argue that the breaches of EU law happened in a situation of force majeure following a large increase in international protection applicants following the Russian invasion of Ukraine.

However, the court said this could not allow Ireland to avoid liability under EU law.

The Irish Refugee Council’s independent law centre represented the Afghan national, identified in the proceedings as ‘SA’.

Managing solicitor Katie Mannion said: “This is an important decision for all vulnerable groups, because the CJEU has again confirmed that individuals whose rights are breached by the State, can access a remedy, and that the State must be held accountable.

“Today reminds us that the law exists to protect us all at our most vulnerable.

“Our independent law centre’s client, SA, experienced 71 days’ street homelessness, hunger and fear in Ireland after applying for international protection because there was no accommodation made available to him.

“He was prohibited from working and could not access any emergency accommodation or payments during that time, and was left destitute.

“Having written seeking a bed in IPAS accommodation numerous times, and experiencing suicidal thoughts and constant pain, he had no further option but to seek shelter through the courts.

“The court clearly and strongly states a member state which fails to provide an applicant who does not have sufficient means with those material conditions, even temporarily, is manifestly and gravely exceeding its discretion with regard to the application of the directive.

“The court says that such a failure is therefore capable of constituting a sufficiently serious infringement of EU law, triggering the liability of the member state concerned.

“The court says that EU law is clear that Ireland cannot use the excuse of a large influx of people to the country to justify its failures to follow the law and provide basic accommodation.

“The court found that the State cannot evade its obligations to cover people’s basic needs, and that an interpretation other than this would compromise the effective judicial protection of applicants.”

The Indian national, ‘RJ’, was represented by James Watters Solicitors.