An asylum-seeking family in Ireland have started proceedings in the High Court to challenge the state’s decision to move them a week’s notice from reception accommodation in County Wicklow to a hotel in County Mayo.
The court heard that the decision to relocate the South African family was made without proper notice, was “unreasonable” and violated their rights under the Constitution and the European Convention on Human Rights.
In an affidavit, the mother said her family, which includes young children, was treated “inhumane manner,” reports Irish Examiner.
The family, whose name cannot be identified, settled in Wicklow after arriving in Ireland in July, she said. The children made friends at their local schools and participated in social and sports activities. The children were “traumatized” by the 200-kilometre move and are not yet enrolled in local schools, the mother said.
Her family now resides in a roofless cubicle inside the Mayo hotel gym, which is “Freezing cold,” the woman said. They have very little privacy when it comes to washing and drying off and have to walk with towels to access showers, she added.
She, her husband and her children are seeking international protection because of “extreme violence” in South Africa, she said. Her family was unable to seek effective state protection from the police in her country and made the “extremely difficult” decision to seek asylum abroad, she said.
The family was initially placed in a shared room at the Wicklow hotel with a host of other people and then given a room in the same facility, she said.
While staying in this shared room, the family indicated on a form that they wished to be moved to alternative accommodation. However, she said, once a room was provided, the family’s position changed.
On October 13, the family was “shocked” to receive a letter from the International Protection Accommodation Services (IPAS), informing them that they would be moved to “more suitable housing”, reports Irish Examiner.
The woman says that the decision makers did not address comments from her family who opposed the move. She said they received two days’ notice before being transported Oct. 19 to their new accommodation in County Mayo.
She said it’s hard to understand why her family and “countless other families” were moved from the Wicklow hotel.
Tony McGillicuddy SC said there was “no consideration” for the plight of the children and their schools. IPAS said it would make an effort to minimize disruption, but the “irrational” move couldn’t have been more disruptive, he added.
The family is seeking a court order to compel the state defendants to return them to their accommodation in Wicklow Town. Alternatively, they want “necessary and appropriate measures” to ensure children can continue to attend their schools in Wicklow.
The family also wants several statements, including that the decision to transfer them was made in violation of the European Communities (Reception Conditions) Regulation 2018, which sets the standards for the reception of applicants for international protection.
The family also asks the judge to declare that the States parties have not correctly transposed the EU Directive that is the basis of the 2018 Regulation.
The case came before Judge Brian O’Moore ex parte (only the plaintiffs were represented) on Tuesday. He adjourned the matter on Thursday, after ordering the plaintiffs to notify the defendant states parties of the proceeding.
Their case is against the Minister for Children, Equality, Disability, Integration and Youth, the Minister for Justice, the Irish Minister for Education and the Attorney General.
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