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Irish Examiner
2 days ago
- Politics
- Irish Examiner
Appeal court overturns finding State breached rights of homeless asylum seekers
The Court of Appeal has overturned a High Court finding that the State's failure to provide accommodation for homeless asylum seekers was a breach of their fundamental rights. The appeal court said the Irish Human Rights and Equality Commission (IHREC) had not proved the situation of extreme material poverty for homeless asylum seekers undermined the physical and/or mental health of the members of that class of persons or put them in a state of degradation incompatible with human dignity. Mr Justice Anthony Collins, on behalf of the three-judge Court of Appeal, allowed an appeal brought by the State over the High Court decision. He dismissed IHREC's application for judicial review. State-funded IHREC issued its challenge in December of 2023 after the Government announced for the second time it could not accommodate all single adult male arrivals amid 'unprecedented pressure' on services. At that point, 259 adult male applicants were awaiting an offer of accommodation. This figure had risen 2,987, according to Department of Integration figures. IHREC argued the number of unaccommodated applicants had continued to rise, and the situation continued to be a humanitarian emergency. The minister for integration and the State said the situation for newly-arrived male asylum seekers had 'improved considerably' in the preceding months, with the State's International Protection Accommodation Services (Ipas) able to offer accommodation to everyone who was 'actively rough sleeping'. In August 2024, the High Court ruled the State's response to the needs of unaccommodated asylum seekers was 'inadequate' to the point of breaching the men's right to human dignity as set out in the Charter of Fundamental Rights of the EU. Mr Justice Collins, on Wednesday, found IHREC had an express statutory entitlement to commence proceedings to obtain the relief it sought. He said in order to succeed in these proceedings, IHREC must prove, on the balance of probabilities, that a class consisting of those applicants who presented to the International Protection Office between December 4, 2023, and May 10, 2024, and who did not receive an offer of accommodation, were in a situation of extreme material poverty. It must also prove this prevented them meeting their most basic needs and which situation undermined their physical and/or mental health or put them in a state of degradation incompatible with human dignity. The court was prepared to infer the members of that class of persons were thereby placed in a situation of extreme material poverty. However, he said IHREC had not proved that that situation of extreme material poverty undermined the physical and/or mental health of the members of that class of persons or put the members of that class in a state of degradation incompatible with human dignity. In relation to costs, he said bona fide proceedings instituted by a body funded by the public purse against the body which is funded from the same source, are "a necessary, if infrequent, feature of the operation of the rule of law". An order to award the costs of this appeal to either party could only increase the level of resources expended upon the legitimate purpose of resolving the issues at stake in this litigation, he said. Accordingly he proposed he would neither disturb the High Court costs order nor make any order as to the costs of this appeal, unless either party seeks a different order.
BreakingNews.ie
2 days ago
- Politics
- BreakingNews.ie
Appeal court overturns finding that State breached rights of homeless asylum seekers
The Court of Appeal has overturned a High Court finding that the State's failure to provide accommodation for homeless asylum seekers was a breach of their fundamental rights. The appeal court said the Irish Human Rights and Equality Commission (IHREC) had not proved that the situation of extreme material poverty for homeless asylum seekers undermined the physical and/or mental health of the members of that class of persons or put them in a state of degradation incompatible with human dignity. Advertisement Mr Justice Anthony Collins, on behalf of the three-judge Court of Appeal (CoA), allowed an appeal brought by the State over the High Court decision. He dismissed IHREC's application for judicial review. State-funded IHREC issued its challenge in December of 2023 after the Government announced for the second time that it could not accommodate all single adult male arrivals amid 'unprecedented pressure' on services. At that point, 259 adult male applicants were awaiting an offer of accommodation. This figure had risen to 2,987, according to Department of Integration figures. IHREC argued the number of unaccommodated applicants has continued to rise, and the situation continued to be a humanitarian emergency. Advertisement The Minister for Children, Equality, Disability, Integration and Youth, and the State said the situation for newly-arrived male asylum seekers had 'improved considerably' in the preceding months, with the State's International Protection Accommodation Services able to offer accommodation to everyone who was 'actively rough sleeping'. In August 2024, the High Court ruled that the State's response to the needs of unaccommodated asylum seekers was 'inadequate' to the point of breaching the men's right to human dignity as set out in the Charter of Fundamental Rights of the EU. Mr Justice Collins, on Wednesday, found IHREC had an express statutory entitlement to commence proceedings for the purpose of obtaining the relief it sought. He said in order to succeed in these proceedings, IHREC must prove, on the balance of probabilities, that a class consisting of those applicants who presented to the International Protection Office between December 4th, 2023 and May 10th, 2024, and who did not receive an offer of accommodation, were in a situation of extreme material poverty. Advertisement It must also prove this prevented them meeting their most basic needs and which situation undermined their physical and/or mental health or put them in a state of degradation incompatible with human dignity. The court was prepared to infer that the members of that class of persons were thereby placed in a situation of extreme material poverty. However, he said IHREC had not proved that that situation of extreme material poverty undermined the physical and/or mental health of the members of that class of persons or put the members of that class in a state of degradation incompatible with human dignity. In relation to costs, he said bona fide proceedings instituted by a body funded by the public purse against the body which is funded from the same source are "a necessary, if infrequent, feature of the operation of the rule of law. Advertisement An order to award the costs of this appeal to either party could only increase the level of resources expended upon the legitimate purpose of resolving the issues at stake in this litigation, he said. Accordingly, he proposed he would neither disturb the High Court costs order nor make any order as to the costs of this appeal, unless either party seeks a different order.
BBC News
29-04-2025
- Business
- BBC News
Malta's golden passport scheme breaks EU law, top court rules
Malta's so-called golden passport scheme that lets people become citizens through financial investment is contrary to European law, the EU's top court has EU commission took Malta to court in 2022 over the scheme, which grants foreigners a Maltese passport and thereby the right to live and work in any EU country in return for paying at least €600,000 (£509,619), buying or renting property of a certain value, and donating €10,000 to EU's Court of Justice said the scheme "amounts to rendering the acquisition of nationality a mere commercial transaction".Malta's government has not yet responded to the ruling, which former Prime Minister Joseph Muscat called "political". He said he believed the scheme could continue with "some changes".The country risks hefty fines if it does not comply with the EU's Court of Justice said "the acquisition of Union citizenship cannot result from a commercial transaction."Malta has repeatedly insisted that it was correct in its interpretation of EU treaties, Reuters news agency 2022, it suspended the scheme for Russian and Belarusian nationals in the wake of Russia's invasion and Europe's crackdown on Kremlin-linked ruling goes against a report last October from the court's Advocate General at the time, Anthony Collins. He said the commission had failed to prove that EU law requires a "genuine link" between the person and the country to grant lawful citizenship, adding it is for each member state to decide who is "to be one of their nationals and, as a consequence, who is an EU citizen".Although each EU member state determines how they grant nationality, the court said Malta's scheme "jeopardises the mutual trust" between member EU has previously called on countries to end the practice, noting that investor citizenship schemes carried "inherent" security issues, as well as risks of money laundering, tax evasion and corruption.
Euronews
29-04-2025
- Business
- Euronews
Malta's golden passport scheme rejected by EU top court
ADVERTISEMENT Malta's controversial golden passport scheme, allowing foreigners to purchase EU citizenship in exchange for investing upwards of €690,000, was ruled unlawful by the EU's top court on Tuesday. The Commission took legal action years ago, arguing that the golden passport scheme breached Malta's duty to cooperate sincerely. It offered people the chance to gain citizenship of Malta, and hence the right to work across the EU, even if they didn't have family ties or a home there. The EU Court of Justice agreed with the Commission, finding that such a scheme 'amounts to the commercialisation of the granting of the status of national of a member state and, by extension, Union citizenship, which is incompatible with the conception of that fundamental status that stems from the EU Treaties'. Payments or investments underpinned the Maltese scheme, the court held, adding that 'it cannot be considered that actual residence on that territory was regarded by the Republic of Malta as constituting an essential criterion for the grant of the nationality of that member state under that scheme'. The court declared that by establishing and operating its golden passport scheme Malta failed to fulfil its obligations under the EU treaties and ordered Malta to pay the costs of the case. The decision went against the grain of a non-binding report by Advocate General Anthony Collins last October which brushed aside European Commission concerns that the scheme undermined the EU's integrity. "Member States have decided that it is for each of them alone to determine who is entitled to be one of their nationals and, as a consequence, who is an EU citizen,' Collins' opinion had suggested. Judges at the Court of Justice aren't obliged to follow Advocate General opinions, though in the majority of cases they do. Related Malta's golden passport scheme can stay, EU court signals Malta's was the last remaining golden passport scheme within the bloc, after Cyprus scrapped its procedure in 2020, and Bulgaria in 2022. Other countries offer 'golden visas', a narrower system that offers residence permits to those willing to pay, although those are also under the spotlight. Portugal slimmed down its golden visa scheme last year, removing a real estate investment condition in a bid to cut property speculation. The Netherlands followed suit, ending its golden visa scheme in January 2024, and Spain has also promised to abolish golden visas for those who invest in real estate. The schemes have raised significant security and money-laundering concerns – not least since the invasion of Ukraine in 2022, as acquiring an EU passport or residence card may let wealthy Russians evade sanctions. In 2022, MEPs called for tighter rules on golden visas and a ban on citizenship by investment, saying it was 'objectionable from an ethical, legal and economic point of view'. This story will be updated with reactions from Malta.
Yahoo
23-04-2025
- Yahoo
Anthony Collins becomes first black Chief Deputy in Hillsborough County Sheriff Office history
TAMPA, Fla. (WFLA) – A historic promotion at the Hillsborough County Sheriff's Office resulted in the first African-American Chief Deputy in the department's 180-year history. Anthony Collins has served HCSO for 21 years and is now a Chief Deputy. Collins is the first African-American to serve in this role, and it's the highest position any African-American has ever held at HCSO. Collins was born and raised in East Tampa, where he attended King High School, and had a relationship with HCSO that started well before he started patrolling the Tampa streets as a deputy. 'I wasn't the greatest kid growing up, so I got suspended,' Collins chuckles while reminiscing. 'I found myself in a program called ATOSS, it was an alternative to out-of-school suspension. Mark Penix was the off-duty deputy working at the ATOSS site, and we ended up building a relationship so much so that he is like a God Dad to me.' HCSO investigating deputy-involved shooting in Brandon USF police investigate gun accessory found on campus Anthony Collins becomes first black Chief Deputy in Hillsborough County Sheriff Office history That high school suspension is what opened his eyes to a career in law enforcement, which was not typical for someone who looked like him growing up in East Tampa. 'It was pretty abnormal for people in my environment because I grew up in East Tampa,' said Collins. 'I think the adversity and challenges that people face who grew up in an environment like that are second to none.' Collins' interaction with the off-duty deputy led him to HCSO's Explorer Program, a youth program that exposes youth and young adults to different professions and vocations while also exposing them to the law enforcement field. That taste birthed a dream. 'I wanted to be like Mike Lowry, like on Bad Boys, work undercover and be on the SWAT,' Collins said. It sounds a little wild, but he did. All of it. Joining HCSO in 2004 while serving in the Army National Guard, Collins started out patrolling the university area, then served on the SWAT team for nine years. 'I busted and stopped multi-million dollar drug organizations,' said Collins. 'I worked with agencies like the FBI and DEA during several operations. Collins was then promoted to Corporal, working crimes against children. 'This part of my career was a true defining moment,' said Collins. 'Crimes against children is tough. No one wants to see an abused 6-month-old; it just makes you work that much harder because you absolutely have to close those cases and get justice for those children.' After a couple of years working in crimes against children, Collins rose in the ranks. He went from Sergeant to Lieutenant to Captain to Major to Colonel and now Chief Deputy. 'I grew up in a family where no one ever even graduated from college, so it's humbling to come from that point to be here talking to you,' Collins said. 'It is very, very humbling to be given this position. First and foremost, my faith is what got me to this point. Believing in God and do the right thing for the right reasons.' He gives a lot of credit to Sheriff Chad Chronister; however, his own dedication, work, and respect were not given, but earned. Chief Deputy Collins now oversees at least 1,000 of the department's 2,000 employees, which includes the Marine unit. He also oversees a $654 million budget. While he may be the first African-American in this position, he is ensuring he won't be the last. 'Truth of the matter is every day I come to work, I don't come to work for me, I come to work for everyone who's coming behind me and to make sure I use this platform so that way those individuals can go further than me,' Collins said. Collins is extremely involved in the community. He holds board memberships with the Pace Center for Girls, ACTS Florida, and the Derrick Brooks Charities Youth Programs. He has earned numerous commendations, which reflect his passion for this community. Collins is a devoted husband and father of two as well. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
