The Minister for Justice has said he will consult the Attorney General on whether the Government will appeal a High Court ruling awarding damages to two asylum seekers who became homeless in Dublin in 2023.
Jim O’Callaghan said he wanted to look closely at Judge Cian Ferriter’s ruling which earlier this week granted two men damages of €9,500 and €6,000 respectively.
“One of the options I’m giving very careful consideration to is appealing the decision, and obviously there are issues I’ll be discussing within the department and with the Attorney General,” he told reporters in Cork on Friday.
The legal actions were taken as test cases with the two applicants alleging the Irish authorities breached their rights under the Reception Conditions Directive and the Charter of Fundamental Rights of the European Union.
READ MORE
The men, from Afghanistan and India, were not provided with accommodation when they arrived in Ireland three years ago. Instead, they were given one-off €25 Dunnes Stores vouchers and assistance from charities in lieu of shelter. Consequently, both ended up homeless in Dublin.
The Government argued the breaches were due to exceptional circumstances, namely an influx of asylum seekers and under EU law, it amounted to “force majeure” or an abnormal or unforeseen event beyond the control of a state, making it impossible to fulfil an obligation.
Ferriter found for the applicants and said in determining compensatory damages, he had to have “regard to the fact that there was a serious breach by the State of the applicant’s rights”.
He noted the Afghan man (25) arrived in Ireland in February 2023 having fled after the Taliban militant group killed his sibling. He has since been granted international protection and is in employment after spending 71 days homeless.
The Indian man came to the State in March 2023, claiming he was persecuted in his home country due to him being a Christian and having a relationship with a Muslim. The judge said this man, who was on the streets for 63 days, went hungry and experienced “very dark moments”.
The judge said the State failed to provide the men with any meaningful financial support for portions of their homelessness, so their basic needs were not met.
He recognised his judgment would likely have a “precedential value” on the appropriate level of damages for the 50 other cases.
Ferriter’s decision followed a ruling from the Court of Justice of the European Union last August, which said Ireland cannot evade its obligation to provide basic accommodation to asylum seekers by reason of a large number of arrivals.
