Afghan refugees have been fleeing their war-torn country in search of safety and a better life elsewhere. However, despite their desperate situations, many governments have been reluctant to provide adequate accommodation for these refugees. The recent ruling by a court in the UK highlights the unlawfulness of such action, and the moral obligation to extend the full protection of international law to refugees seeking asylum. This article explores the implications of this decision and highlights the importance of providing shelter and support to those who are fleeing persecution and violence.
An Afghan asylum-seeker, who had found himself homeless and forced to beg upon arrival in Ireland, has won a significant legal victory in the High Court. The judge declared that the minister for integration had failed to provide “material reception conditions”, which is unlawful under the European Union (Reception Conditions) Regulations of 2018 and the Charter of Fundamental Rights of the European Union. The failure to provide reception conditions also breached the applicant’s rights under Article 1 of the Charter of Fundamental Rights of the EU. The judge noted that there are several similar cases are in the pipeline.
The applicant, a young single male, was entitled to “material reception conditions” under the 2018 regulations. However, what was provided by the minister “fell far short of what is required”, particularly in terms of the lack of accommodation, shelter, food, and basic hygiene. The Afghan man claimed that he was a minor aged 17 but was treated as an adult in the system. His case is one of many that have been brought by single males who are seeking international protection in Ireland.
The male’s lawyers, Colm O’Dwyers SC, instructed by the Irish Refugee Council Independent Law Centre, highlighted that there were many other cases like his, so there was a benefit to continuing to pursue declarations regarding the minister’s obligations, even though he received accommodation before the hearing. Lawyers for the State acknowledged that the minister had a legal requirement to accommodate protection applicants and provide accommodation at the “first possible opportunity”. However, they argued that the State was dealing with a 600% increase in international protection applications since the start of 2021, and the accommodation problems had been compounded by those fleeing the war in Ukraine.
The court was also told that all women, children, and family applicants seeking international protection had been accommodated since Dublin’s Citywest processing centre ceased taking new arrivals on January 19. Adult males have been receiving accommodation in chronological order from the date of their arrival. The judge noted that the minister admitted that prior to February 28, he did not afford the applicant “material reception conditions”, which included “accommodation/housing”. The judge also emphasized that the minister’s efforts to secure accommodation did not absolve him of his duties under the 2018 Regulations.
The Afghan man had claimed that he had been left homeless upon arrival in the state on February 7 until he received accommodation on February 28. He alleged that he was given a €28 Dunnes Stores voucher and had no food, which forced him to beg. He said he slept in different locations around Dublin’s city centre, felt constantly scared, and feared attack.
In his ruling, Mr Justice Charles Meenan granted two declarations and scheduled the case for mention next month to deal with any further orders and costs. The action was against the minister, Ireland, the Attorney General, and the Child and Family Agency. The judge noted that Article 1 of the Charter of Fundamental Rights states that human dignity is inviolable and must be respected and protected.
The case highlights the ongoing plight of refugees and asylum-seekers who arrive in Ireland, seeking protection and a better life. The increase in international protection applications in Ireland highlights the ongoing global refugee crisis, which has resulted in millions of people being forced to flee their homes due to conflict and persecution. The case also highlights the importance of complying with international and EU law in ensuring that the human rights of refugees and asylum-seekers are protected. The judge’s decision should serve as a reminder to governments and policymakers of their legal and moral obligations to ensure the protection and welfare of all those who come seeking refuge in their countries.
