State facing 39 claims for damages from asylum seekers left homeless upon arrival
High Court Reporters
The State is facing 39 High Court claims for damages from asylum seekers over being left homeless when they arrived in Ireland.
Two test cases will be heard in the High Court in November.
Lawyers for the Minister for Integration said they want two lead cases to be selected in which the State will contest the applicants’ entitlement to damages.
David Conlan Smyth SC said his client will not be appealing against the High Court’s recent ruling which found the failure to provide accommodation to an Afghan asylum seeker was a breach of his right to human dignity under article 1 of the Charter of Fundamental Rights of the European Union.
Mr Justice Charles Meenan ruled in April that the Minister was in breach of his obligations under the EU (Reception Conditions) Regulations of 2018 and the Charter of Fundamental Rights of the European Union.
The applicant, a young single male, was entitled to “material reception conditions” under the 2018 Regulations, the judge held. The Minister’s provision of a €28 Dunnes Stores voucher and the addresses of private charities “fell far short of what is required”, he said.
On Wednesday Mr Conlan Smyth noted this case, considered a test on behalf of numerous others, did not include a claim for damages arising out of the breach of rights. He said there are currently no international protection applicants without accommodation.
There were 39 asylum seeker claims for damages before the court that follow on from Mr Justice Meenan’s declarations. The State wants to proceed to contest two “lead cases” where the court will consider the issue of quantum, liability and the potential for ‘Francovich’ damages, which are awards that may be made against an EU member state for breach of an EU law.
Ms Justice Niamh Hyland gave directions in preparation for selecting lead cases and scheduled for these to be heard over three days in November.
Prior to the court’s April declarations, the State’s lawyers “unambiguously” accepted the Minister’s legal requirement to accommodate the protection applicants and said accommodation was provided at the “first possible opportunity”.
The court was told there was no question of a failure or refusal to act, but the State was dealing with a 600 per cent increase in international protection applications since the start of 2021 in addition to Ukrainians fleeing over the invasion of their country.
