Case No. 22362Breach of rights (failure to provide accommodation) · Co. Dublin · 30 Jan 2023

Afghan asylum seeker takes High Court case against State over lack of accommodation

An Afghan asylum seeker brought a case in the High Court against the State, claiming IPAS has failed to provide him with accommodation since he applied for international protection on 30 January 2023. Mr Justice Charles Meenan heard the case and adjourned it until Friday.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court15 Feb
    2 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
28 statements extracted from the articles
  • whatThe man has been sleeping on the streets since arriving in Ireland at the end of January 2023 (rte.ie)
  • whatThe man was attacked, robbed and racially abused while sleeping rough (rte.ie)
  • whatThe man slept outside the International Protection Office for two nights until it opened on Monday 30 January (rte.ie)
  • whatThe man was told there was no accommodation available and was advised to stay with friends or relatives (rte.ie)
  • whatThe man was given a €25 voucher with which he bought blankets and a pillow (rte.ie)
  • whatThe man was told there was no accommodation available amid a national shortage and was not given a timeline (rte.ie)
  • whatThe man is an Afghan asylum seeker who has taken a case against the State (gript.ie)
  • whatIPAS has failed to provide him with accommodation since 30 January (gript.ie)
  • whatHe has been sleeping rough after using a €25 voucher to buy blankets (gript.ie)
  • whatHe experienced racial abuse, was mugged, and was physically attacked on the streets (gript.ie)
  • whatHe was told spaces for single males were severely limited due to pressure on the emergency accommodation system (gript.ie)
  • whatHe claims he fled Afghanistan after falling foul of the Taliban (gript.ie)
  • whenThe man arrived in Ireland on 28 January 2023 (rte.ie)
  • courtThe man applied to the High Court for mandatory orders requiring the State to provide basic accommodation as required by an EU directive (rte.ie)
  • courtThe man is also seeking a declaration that a failure to provide accommodation is unlawful and any delay is unreasonable (rte.ie)
  • courtMr Justice Meenan refused to adjourn the case until Monday and requested a State response by Friday afternoon (rte.ie)
  • courtThe judge described the man's circumstances as 'pretty dire' (rte.ie)
  • courtThe judge said it was 'entirely foreseeable' that the State would face such an application (rte.ie)
  • courtThe judge said charities cannot be obliged to carry out duties imposed by law on the State (rte.ie)
  • courtSenior Counsel for the State David Conlan Smyth sought an adjournment of the application for an interlocutory injunction until Monday (rte.ie)
  • otherThe man sought help from the Irish Refugee Council Independent Law Centre (rte.ie)
  • otherThe State said the pressure on accommodation for international protection applicants was 'immense and unprecedented' (rte.ie)
  • otherIPAS was currently accommodating 19,104 people (rte.ie)
  • otherLast year the IPAS figure was 8,500 (rte.ie)
  • otherThere were 54,000 Ukrainian refugees being accommodated by the State (rte.ie)
  • otherThe overflow facility in Citywest ceased taking applicants on 19 January partly due to a public order issue (rte.ie)
  • otherIPAS is accommodating 19,104 people compared to 8,500 this time last year (gript.ie)
  • otherThe figure did not include some 54,000 Ukrainians who have also been accommodated (gript.ie)

The reporting

newest first
  1. 15 Feb2023
    Asylum Seeker takes High Court case against Ireland claiming ‘rights have been breached’ - Gript

    Reports on the High Court hearing where the asylum seeker's case against the State was heard by Mr Justice Charles Meenan and adjourned until Friday.

    victim, male, Afghan, non-irish
  2. 15 Feb2023
    Legal challenge against State after accommodation pause

    Second day of the hearing: judge refused adjournment, State argued pressure was unprecedented with 19,104 in IPAS and 54,000 Ukrainian refugees, man's counsel argued for basic accommodation off the street; man's background as a former Afghan shopkeeper and his journey via Iran, Turkey, Bulgaria, Serbia, France and Cherbourg detailed.

    victim, male, Afghan, non-irish