Rights watchdog considering appeal in asylum seekers’ accommodation case
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Liam Herrick
The Irish Human Rights and Equality Commission has said it is weighing up whether to appeal after the Court of Appeal overturned a finding that the State breached international protection applicants’ right to dignity.
Mr Justice Anthony Collins yesterday ruled that while the State had failed to provide for the accommodation needs of new applicants, the Commission had failed to prove a breach of Article 1 of the Charter of Fundamental Rights of the European Union.
The judicial review proceedings were brought by the Commission, in its own name, against the State under section 41 of the Irish Human Rights and Equality Commission Act 2014.
The Court of Appeal held, contrary to the State’s argument, that the Commission was entitled to bring the case under its s.41 power to seek a declaration that the State had breached the human rights of International Protection applicants.
Liam Herrick, chief commissioner, said: “While we are disappointed with the court’s ultimate finding, we welcome the ruling on our section 41 power to bring this case and other similar cases.
“We will closely examine this judgment and the Commission as a whole will consider whether or not to appeal.
“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 needs.”
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