High Court challenges brought over tented accommodation for asylum seekers

Latest case before court brought by Somalian national initially homeless upon arrival in State last December

supplied by Kitty Holland
In the most recent case, the plaintiff had access to a toilet and shower and gets three meals a day but the accommodation does not meet the basic standard of living required, he says.

Several High Court challenges have been initiated alleging tented accommodation at sites such as Crooksling, in Co Dublin, does not meet the basic needs of asylum seekers.

The latest case to come before the court is brought by a Somalian national who was initially homeless upon his arrival in the State last December.

The man’s action challenges the lack of suitable “material reception conditions”, including accommodation, since he indicated his intention to apply for international protection here.

Leaving him on the streets for four months breached his right to a “dignified standard of living”, as did the later supply of tented accommodation, he alleges.

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The homelessness point has been raised in previous challenges, including ones that caused the High Court to declare the State failed in its duties and breached asylum seekers’ rights. This led to the introduction of some new measures and a rise in the weekly payment to homeless international protection applicants.

The Irish Human Rights and Equality Commission later brought a case claiming these new measures are still not enough to bring the State into line with its international obligations. Judgment is awaited in this action, which is opposed by the State.

A new round of cases claim the supply of tented accommodation at sites such as Crooksling also do not comply with standards.

Ms Justice Niamh Hyland was told on Friday that the Somalian man’s case is among a number that raise the issue of asylum seeker homelessness and tented accommodation.

The man’s barrister, Colm O’Dwyer SC, told the judge the situation is “not suitable”.

David Conlan Smyth SC said the actions will be opposed by his clients: the Minister for Equality and Integration, Ireland and the Attorney General.

The judge adjourned the case to next October, when the similar actions are next due to be mentioned before the court.

In the most recent case, the man, who cannot be identified, alleges he slept in doorways and sometimes in a small tent near Mount Street in Dublin city when left on the streets during the wettest period of the year.

A €113 weekly payment was insufficient for him to live with any meaningful level of dignity and barely covered food costs, he claims.

He was later accommodated at a site in Crooksling, near the Dublin mountain, where army tents are shared by about a dozen men, he says. Then considered to be accommodated, the €113.80 payment was reduced to €38.80, he says.

He gets three meals per day and has access to a toilet and shower, but the accommodation does not meet the basic standard of living required, he says.

The State’s failure has caused him to suffer loss, damage, inconvenience and expense, his case alleges.

Ellen O'Riordan

Ellen O'Riordan

Ellen O'Riordan is High Court Reporter with The Irish Times