Immediate Release: 01 August 2025

The Court of Justice of the European Union, in a decision given today, said that States can be held accountable when they break laws which were intended to protect individuals’ rights, even when there is an unexpected increase in the numbers of protection applications and existing accommodation capacity is exhausted. The decision follows a preliminary reference from the High Court made in December 2023.

The IRC Law Centre represented the applicant.

An FAQ on the case is available here. The Court of Justice’s own press release is available here. The full decision is available here.

Welcoming to the decision, Katie Mannion, Managing Solicitor of the Irish Refugee Council Independent Law Centre stated:

“This is an important decision for all vulnerable groups, because the CJEU has again confirmed that individuals whose rights are breached by the State, can access a remedy, and that the State must be held accountable. Today reminds us that the law exists to protect us all at our most vulnerable.

Our Independent Law Centre’s client, SA, experienced 71 days street homelessness, hunger and fear in Ireland after applying for international protection because there was no accommodation made available to him. He was prohibited from working and could not access any emergency accommodation or payments during that time, and was left destitute. Having written seeking a bed in IPAS accommodation numerous times, and experiencing suicidal thoughts and constant pain, he had no further option but to seek shelter through the courts.

“The Court clearly and strongly states a Member State which fails to provide an applicant who does not have sufficient means with those material conditions, even temporarily, is manifestly and gravely exceeding its discretion with regard to the application of the directive. The court says that such a failure is therefore capable of constituting a sufficiently serious infringement of EU law, triggering the liability of the Member State concerned. The court says that EU law is clear that Ireland cannot use the excuse of a large influx of people to the country to justify its failures to follow the law and provide basic accommodation. The Court found that the State cannot evade its obligations to cover people’s basic needs, and that an interpretation other than this would compromise the effective judicial protection of applicants.”

Nick Henderson, CEO of the Irish Refugee Council said:

“The case is not about the balancing of the rights of two different groups people. It is about holding states to account when the state is responsible for a breach of rights and significant damage or harm flows from that breach.”

“As of 30 July there are 942 people seeking protection who are awaiting an offer of accommodation. More than 2,400 people have been refused reception conditions so far in 2025. While the time a person has to sleep rough has decreased considerably, people continue to have to demonstrate their eligibility for accommodation by sleeping rough. In recent weeks, there has been a tangible increase in risk: tents have been slashed, camping spaces fenced off, and social media posts have circulated showing tents being filmed, accompanied by inflammatory commentary and threatening symbols such as flames.

People in this situation have been followed by people who have posted footage online with accompanying far right and racist statements. It also places enormous pressure on volunteers, who have supported people almost continuously for over two years. We again call on the government, in particular Minister Brophy and Minister O’Callaghan, to fulfil its legal obligations and accommodate people seeking protection.”

Notes to Editors

  • An FAQ on the case is available here. The Court of Justice’s own press release is available here. The full decision is available here.
  • The Court of Justice’s own press release is also attached.
  • The High Court’s December 2023 judgement of Justice Ferriter is here. Justice Ferriter stated: “As the review of the relevant law contained in this judgment makes clear, as a matter of EU law (as transposed into Irish law), the State remains under a continuing, mandatory obligation to provide international protection applicants with basic needs including accommodation on an uninterrupted basis from the point at which qualifying persons apply for international protection.”
  • “If I Don’t Do This, Then It Won’t Be Done - Volunteering with Homeless Protection Applicants,” captures the experiences of volunteers supporting homeless applicants is available here. Published in November 2024.
  • The Irish Refugee Council's June 2023 report that captures the impact of homelessness among international protection applicants, “Now I live on the road,” is available here.
  • Irish Refugee Council published an Accommodation Recommendations and Briefing Paper in December 2023 and is available here.
  • The High Court's April 2023 judgment of Justice Meenan is here.

For more information contact:

Nick Henderson, CEO, nick@irishrefugeecouncil.ie, 0858585559.

Wendy Muperi, Communications Officer, wendy@irishrefugeecouncil.ie, 0858550434.