On the breach of human rights , Mr Justice Barry O’Donnell ruled that:
“Applicants for international protection in the State have a well-established fundamental right to have their human dignity respected and protected, including by being provided with an adequate standard of living which guarantees their subsistence and protects their physical and mental health where they do not have sufficient means to provide for themselves.”
He continued:
“The court is satisfied that the current State response to the needs of IP applicants who are acknowledged to be without accommodation is inadequate to the point that the rights of the class of person concerned in these proceedings under Article 1 of the Charter of Fundamental Rights of the European Union have been breached by the State. As noted by the CJEU in clear and unequivocal terms in Saciri and Haqbin, a failure to provide for the basic needs of applicants amounts to a breach of their right to human dignity.”
Accordingly, he granted a declaration that:
“the State’s failure to provide for the basic needs of newly arrived international protection applicants between 4 December 2023 and 10 May 2024, whether by way of the provision of accommodation, shelter, food and basic hygiene facilities or otherwise, is in breach of that class of persons rights pursuant to Article 1 of the Charter of Fundamental Rights of the European Union.”
Mr Justice O’Donnell was satisfied by the grant of the declaration was sufficient to remedy the human rights breaches and considered that it was not necessary to grant the mandatory order.
The Commission welcomes the finding by Mr Justice O’Donnell