Government warned it risks breaking law if it fails to house asylum seekers again

Government warned it risks breaking law if it fails to house asylum seekers again

The IHREC has written to Roderic O’Gorman about shortfalls in emergency accommodation. Picture: PA

The Irish Human Rights and Equality Commission (IHREC) has warned the Government it risks breaching the law if it fails to offer accommodation to asylum seekers again.

The IHREC has written to Integration Minister Roderic O’Gorman to highlight its deep concern at reports of the shortfall in emergency accommodation for international protection applicants.

Officials at Mr O’Gorman’s department have been scrambling to secure additional space. 

However, sources said they have exhausted all possibilities and could not rule out refugees sleeping rough on the streets by the end of the week. Women and children will be prioritised but single men may not be offered shelter, sources said.

Sinéad Gibney, chief commissioner at IHREC, said a refusal of accommodation by the State will put asylum seekers in danger.

“International protection applicants, who may have experienced persecution, trauma, or destitution prior to arriving in Ireland, are among the most vulnerable members of our society," she said.

IHREC's Sinéad Gibney said a refusal of accommodation by the State will put asylum seekers in danger. Picture: Paul Sharp
IHREC's Sinéad Gibney said a refusal of accommodation by the State will put asylum seekers in danger. Picture: Paul Sharp

Any refusal of shelter by the State puts these individuals at high risk on the streets, particularly in the context of increased activity by those wishing to foment anti-immigrant sentiment.

The IHREC said if the State does fail to provide accommodation for people seeking international protection here, it would be in breach of the European Communities (Reception Conditions) Regulations 2018 and the related European directive.

“Furthermore, in April the High Court ruled, in a judicial review case concerning the human rights of people arriving in the State seeking international protection, that failure to provide international protection applicants with material reception conditions was unlawful, and that it amounted to a breach of the applicant’s right to dignity under the Charter of Fundamental Rights,” it said in a statement.

“Failure to provide accommodation can lead to related breaches of the law with respect of the provision of material reception conditions that include food, a daily expense allowance, clothing, basic hygiene facilities, and access to healthcare, all of which are to ensure an adequate standard of living for those applicants."

It said alongside this, an assessment of the special reception needs of an applicant for international protection must be completed within 30 working days from when they make that application.

“This is likely to be significantly impeded if a person is without accommodation and any vulnerabilities exacerbated by a period of homelessness,” it added.

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