State Faces Damages for Asylum Seeker Housing Failures
Irish Justice Minister Warns of “Hard to Justify” European Court Ruling
Asylum seekers could soon be legally entitled to state compensation for a lack of accommodation, a right not extended to homeless Irish citizens. Minister for Justice Jim O’Callaghan highlighted an impending decision from the European Court of Justice (ECJ) that could compel such payouts.
“Haphazard” Asylum System Under Scrutiny
Mr O’Callaghan expressed strong criticism of the current asylum system, describing its development as “haphazard” and “organic.” He argued that a ruling favouring asylum seekers for housing shortfalls, while citizens in similar situations receive no such damages, would be “very hard to justify” to the public and other European Union member states.
“That will be a very consequential decision that will be very hard to justify, not just to citizens of Ireland but of all member states.”
—Jim O’Callaghan, Minister for Justice
The Minister’s remarks came during a speech at the Institute of International and European Affairs (IIEA) on balancing human rights within justice and migration policies. He specifically targeted a legal challenge brought on behalf of two asylum seekers who had experienced sleeping rough due to the State’s inability to provide shelter.
ECJ Likely to Rule Against State on Housing
The State has contested the case, arguing that an overwhelming surge in asylum applications, coupled with an unprecedented housing crisis, constituted a force majeure, making it impossible to meet all accommodation needs. However, a legal adviser to the ECJ published an opinion in April rejecting this defence.
Ireland has seen a significant number of asylum seekers left without beds. Last year, approximately 3,400 single male asylum seekers arrived without accommodation, a figure now reduced to around 1,400. The ECJ’s tendency to follow its legal advisers’ opinions suggests a probable ruling against the State.
“Not a Right to Asylum,” Says Minister
Mr O’Callaghan stressed that the right to seek asylum should not be confused with an entitlement to asylum itself. “The right to apply for asylum “does not and cannot equate to a right to asylum”,” he stated, clarifying that asylum laws are intended to protect those facing persecution, not those seeking a better life.
He also cautioned against policies that might “marginalise or demote other equally legitimate rights” in the pursuit of specific entitlements.
Irish Refugee Council Disagrees with Framing
Nick Henderson, chief executive of the Irish Refugee Council, disputed the Minister’s narrative, stating that framing the issue as one group’s support harming another “does not reflect the facts and issues in this case.” He expressed concern that such rhetoric could incite division.
“Framing the case in this way, in the current political environment, is deeply unfortunate and risks pitting one group of people against another.”
—Nick Henderson, Chief Executive, Irish Refugee Council
Mr Henderson shared the experience of one applicant, represented by his organization, who endured “72 days of street homelessness, hunger and fear in Ireland” after being told no accommodation was available post-application.
Surveillance Laws to be Overhauled
In addition to migration issues, Mr O’Callaghan announced plans to update Ireland’s wiretapping and digital surveillance laws, which date back to 1993. The existing legislation fails to address modern technologies like encrypted communications, email, and social media.
The Minister emphasized the critical need for enhanced Garda surveillance powers to combat terrorism and prevent mass casualties. He highlighted the current inability to lawfully intercept encrypted messaging and voice services as a “significant concern.”
Furthermore, Mr O’Callaghan criticized the slow pace of EU action on a child sexual abuse regulation that would mandate telecommunication companies to actively scan for abusive material on their networks, noting that “Many companies are simply not doing enough to address the proliferation of this material on their platforms.”
The situation mirrors challenges faced in other European nations. For instance, in Germany, a court ruled in early 2024 that asylum seekers denied initial accommodation are entitled to financial support, a decision impacting thousands and highlighting the growing legal precedents across the EU regarding state responsibilities in asylum cases (DW, 2024).
