ECJ rejects Govt's claim over asylum seeker obligations
The judgment relates to High Court actions by two applicants against the Irish authorities, alleging breaches of their rights under the Reception Conditions Directive and the Charter of Fundamental Rights of the European Union.
The men in question applied for international protection in 2023, but were denied housing and received a €25 voucher. They were also deemed ineligible for daily allowances. Consequently, both ended up homeless in Dublin.
The High Court in Ireland sought a ruling from the European Court of Justice, after the Government argued the breaches were due to exceptional circumstances, namely an influx of asylum seekers, which amounted to "force majeure" under EU law.
Force majeure refers to an abnormal or unforeseen event beyond the control of a state, making it materially impossible to fulfil an obligation.
The European Court of Justice has found that a Member State may not plead an unforeseeable influx of applicants for international protection, in order to evade its obligations to cover basic needs.
The Court stressed that EU law requires Member States to guarantee an adequate standard of living for asylum applicants, even in times of crisis, through means such as housing, financial aid, or vouchers.
Temporary derogations may be allowed under strict conditions, such as a mass and unexpected influx, but even then, basic needs must still be met.
Ireland's failure to offer any meaningful alternative - such as temporary housing or emergency financial assistance - amounted to a manifest and serious breach of EU law, the court said.
Today's ruling is not surprising following an opinion issued by the Advocate General Laila Medina to the ECJ in April, which said Ireland as an EU Member State could not avoid responsibility for providing adequate reception conditions even in cases where there is a large influx of people seeking international protection.
The matter will return to the High Court.
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