The High Court has declared that the Minister’s failure to provide material reception conditions to an Afghan minor who had applied for international protection was unlawful and breached his right to human dignity under the EU Charter of Fundamental Rights.
In a judgment delivered on 21 April 2023, Mr Justice Charles Meenan found that the applicant was entitled to accommodation, food and basic hygiene facilities under the European Union (Reception Conditions) Regulations 2018. The Minister accepted that those conditions had not been provided before the applicant was accommodated on 28 February.
The applicant, identified as S.Y., said he was born on 18 January 2006. He arrived in Ireland on 7 February 2023 and applied for international protection the following day. Although he was initially assessed as an adult, the judgment says the International Protection Office accepted documentation indicating he was a minor. A separate age assessment by the Child and Family Agency remained under review.
The court heard that the applicant slept in places including benches, parks and train stations from 7 to 28 February. He said he had no food and begged, and described going without a bath or shower and being threatened by a man who took €5 from him. The judge found that he had been forced to sleep rough, beg for food and endure deprivation of basic hygiene, as well as exposure to danger and humiliation.
The Minister cited a shortage of accommodation amid increased demand, including arrivals fleeing the war in Ukraine, and described efforts to find additional facilities. The judge accepted that efforts were being made, but said they did not remove the Minister’s legal obligations. A €28 Dunnes Stores voucher and referrals to private charities did not meet those obligations, the judgment said. The court also noted that the Minister had not relied on a regulation allowing temporary alternative arrangements when accommodation capacity is exhausted; even then, basic needs must be met.
The Minister argued that the case was moot because accommodation had since been provided. The court rejected that argument, noting that the application had been selected as a lead case and that similar issues remained live for other applicants.
The court granted two declarations: that the failure to provide material reception conditions under the 2018 Regulations was unlawful, and that the failure breached the applicant’s rights under Article 1 of the EU Charter, which protects human dignity. It did not grant the accommodation order originally sought, which was no longer being pursued after accommodation was provided. The case was listed for mention on 12 May 2023 to address any further orders, including costs.