High Court awards damages to asylum seekers left homeless

High Court awards damages to asylum seekers left homeless

The High Court has awarded compensatory damages to two men who were left street homeless, hungry and destitute after seeking international protection in Ireland.

Handing down judgment on quantum yesterday, Mr Justice Cian Ferriter awarded €9,500 to one applicant, anonymised as SA, and €6,000 to another applicant, known as RJ.

The award of damages follows the Court of Justice of the European Union (CJEU) ruling last August that the State had breached the Charter of Fundamental Rights of the European Union by failing to meet its obligation to provide accommodation to the two men.

SA, an Afghan national who spent 71 days sleeping rough in Dublin, was represented by the Irish Refugee Council’s independent law centre.

Katie Mannion, managing solicitor in the law centre, said: “We are delighted for our client, who suffered so much when he arrived in Ireland to seek protection, suffering which should have been avoided.

“Today’s judgment and remedy seek to compensate him for the suffering he experienced as a result of the State’s failure to respect EU law on reception conditions.

“The award of such remedies is the method by which individuals can hold States to account when their rights are breached, and is the EU’s way to ensure State compliance with EU law.”

Nick Henderson, CEO of the Irish Refugee Council, added: “No person, seeking protection or not, should be left hungry, exposed and afraid on the streets of this country.

“Though damages are an essential mechanism for accountability, they cannot undo the harm suffered.

“The courts have been clear, the obligation to provide basic needs cannot be neglected because of administrative pressure.

“We pride ourselves on being a fair and just society. Yet, three years and several court rulings later, we continue to meet people who, without adequate supports, are forced to sleep in wet and freezing conditions and exposed to far-right abuse, before they are offered a bed. It is wrong, unlawful and dangerous.”

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