Government formation delays court orders over asylum-seeker centre in Westmeath

High Court Reporter

The recent formation of a new government and expected transfer of the immigration portfolio to a new department has delayed court orders over whether the State can house asylum-seekers at an accommodation centre in Co Westmeath.

In December, then-Minister for Integration Roderic O’Gorman conceded in a challenge to his order facilitating the expedited development of accommodation for 1,000 male asylum seekers on a site in Lissywollen, Athlone.

Since then, the High Court has been waiting to hear how the State wants to approach the case following its concession.

However, on Monday, Mr Justice Richard Humphreys was told that the formulation of the State’s position on the case is “not as advanced” as previously hoped.

Aoife Carroll SC, for the Minister for Integration, noted that, with the recent formulation of the new government, the “unit” responsible for housing of asylum-seekers is expected to be transferred between government departments.

Ms Carroll said she was seeking an adjournment of the case to allow the new minister responsible to “consider the issues and consider the next steps” in the case.

The challenge was brought by a local Independent councilor, Paul Hogan, who claimed that the ministerial process providing for the accommodation plan was unlawful, irrational and a breach of fair procedures.

Mr Horgan was supported in his challenge by four other Athlone-based representatives – now Independent TD Kevin ‘Boxer’ Moran and councillors Frankie Keena and Aengus O’Rourke of Fianna Fáil and John Dolan of Fine Gael.

The Government’s plan is for asylum seekers to be housed in up to 150 tents on the site, which is to the rear of an existing direct provision centre. It is proposed that the tents would eventually be replaced with modular units.

Oisín Collins SC, for the applicant, expressed disappointment at the delay to proceedings.

He asked the court that, if the adjournment was to be granted, that it be on the specific basis that there was “no additional intensification” in the use or development of the site.

Ms Carroll noted that there are currently 180 people residing on the site.

She said that the number of persons residing on site is not due to change at present, and that the State is maintaining the “status quo” as regards “who’s a resident, and the number of residents”.

Adjourning the case until February 17th, Justice Humphreys granted Mr Collins’ request that there should be no intensification in the use of the site, and no material works carried out, barring necessary maintenance works.