The High Court declared that the failure to provide material reception conditions to an Afghan applicant for international protection was unlawful and breached the applicant’s rights under the EU Charter of Fundamental Rights.
In a judgment delivered on 23 May 2023, Mr Justice Charles Meenan found the first named respondent—the Minister for Children, Equality, Disability, Integration and Youth—in breach of obligations under the European Union (Reception Conditions) Regulations 2018 and Article 1 of the Charter.
The anonymised applicant arrived in Ireland on 8 February 2023 and applied for international protection that day. The judgment said the applicant was not provided with the material reception conditions set out in the 2018 regulations.
The case was heard alongside a separate judicial review application by S.Y., a minor suing through a next friend. The High Court had delivered judgment in that case on 21 April 2023. Justice Meenan said the issues were the same and applied the conclusions from the S.Y. judgment to this application.
The court granted two declarations: that the failure to provide the applicant with material reception conditions under the regulations was unlawful, and that the failure breached the applicant’s rights under Article 1 of the EU Charter of Fundamental Rights.
The judgment did not determine costs. It said the applicant and respondent were considering the issue, which was to be mentioned in court at a later date.