The State has won its appeal against a High Court decision concerning the responsibility to provide for the basic needs, including housing, of International Protection (IP) applicants, reports RTE.
The Irish Human Rights and Equality Commission (IHREC) had used its authority under the 2014 Act—which established the body—to initiate a judicial review on behalf of IP applicants who were not given accommodation upon applying for asylum.
Twelve months ago, the High Court determined that the State had breached the men’s right to human dignity by failing to meet their essential needs, and ruled that this also violated the Charter of Fundamental Rights under European legislation, reports RTE.
The State challenged the ruling on several grounds, including IHREC’s interpretation and use of the 2014 Act, the standard and burden of proof accepted by the High Court, and the omission of relevant factors—such as the availability of an additional needs payment of €113.80 per week.
Delivering his judgment today, Mr Justice Anthony M Collins recognised the commission’s “express statutory entitlement” to initiate legal action in matters relating to the rights of individuals or groups, reports RTE.
However, the court concluded that the sample evidence IHREC presented—drawn from a small group of homeless IP applicants—did not sufficiently prove that the wider group of 2,800 applicants endured such severe poverty that it harmed their physical or mental well-being to a level breaching their right to dignity.
Justice Minister, Home Affairs and Migration Minister Jim O’Callaghan welcomed the Court of Appeal’s decision to overturn the High Court’s original finding against the State, reports RTE.
In a statement, the minister and his department emphasised their commitment to the safety and well-being of all International Protection applicants.
They noted that nearly 33,000 individuals are currently being housed by the State in over 300 accommodation centres across the country, reports RTE.
Although demand for IPAS accommodation “remains very high,” the rate of new International Protection applications has slowed.
Because of this, a case review has been ongoing since March, leading to offers of accommodation for applicants who have been waiting the longest, reports RTE.
“This review has reduced the number of unaccommodated people from over 3,500 in March to 942 in July 2025. Depending on availability of spaces and numbers of new applicants, we hope to continue to make offers of accommodation to more people over the coming weeks and months,” it said, reports RTE.
The department also stated that long-term efforts are underway to establish “a more stable and sustainable accommodation system.”
It said major initiatives are in progress to secure long-term housing for International Protection applicants, aiming to expand State-owned facilities in accordance with the Government’s Comprehensive Accommodation Strategy and Programme for Government, reports RTE.
There has been a 43% decline in the number of applications during the first half of 2025 compared to the same period in 2024.
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