The State’s request for a postponement in the hearing of a case brought about by the Irish Human Rights and Equality Commission (IHREC), which challenges the lack of housing for male asylum seekers, has been rejected by the High Court. Despite the State’s lawyers pleading for a reschedule to June due to the voluminous 1,000 pages of paperwork received from the IHREC, Justice Niamh Hyland insisted that the case would proceed on schedule later this month.
David Conlan Smyth SC, representing the State, explained that a major operation to rehouse asylum seekers from Mount Street, Dublin had required a significant investment of time and resources. These issues, he said, were hampering the State’s ability to prepare the necessary legal documents for the case. He suggested that getting ready for a trial by the end of May 29th would be feasible, but extremely straining.
Contrarily, Patricia Brazil, the IHREC’s leading counsel, contested the delay, citing the persisting urgency and transparent legal issues of the case. She informed that State’s data revealed over 1,800 international protection applicants without accommodation at the start of the week, around 300 of which were provided with housing following Wednesday’s relocation effort.
Justice Hyland deemed a June hearing date unsuitable, adding that while there have been some recent factual changes, they play a fairly marginal role in the matters at hand. She advised the IHREC to determine the exact number of people its application encompasses before the hearing, as the court cannot operate under vague conditions.
This is the inaugural instance where the commission, employing its authority under section 41 of the 2014 IHREC Act, has filed representative legal action on aspects of human rights of an individual or group. The action has been contested by the State – identified in this matter as the Minister for Integration, the Attorney General, and Ireland – adamantly refuting any claim of not fulfilling its duties. The court records reveal that the State is providing asylum seekers, who have not been accommodated, a weekly stipend of €113.80 coupled with supplementary aids. The IHREC accuses Ireland of not ensuring adequate reception provisions to cater to the fundamental necessities of all asylum seekers.