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IEHC 283 ECLI:IE:HC:2023:283 AI generated

High Court declares failure to provide material reception conditions unlawful and in breach of EU Charter rights.

Case Number IEHC 283
Court / Authority
Jurisdiction Ireland (IE)
Decision Date
Outcome Allowed / Granted
Machine-readable Markdown (.md)

Legislator summary

AI generated

The High Court granted declarations against the Minister for Children, Equality, Disability, Integration and Youth regarding the applicant I.K.A. from Afghanistan. The court found that the applicant was denied material reception conditions upon arrival, a breach of the EU (Reception Conditions) Regulations 2018 and Article 1 of the EU Charter of Fundamental Rights. Consequently, the court ruled the respondent's failure to provide these conditions unlawful and in violation of the applicant's fundamental rights.

Legislator headnote

AI generated

EU (Reception Conditions) Regulations 2018; Article 1 of the Charter of Fundamental Rights of the EU: The failure of the State to provide material reception conditions to an asylum seeker constitutes a breach of statutory obligations and violates the right to an effective remedy and respect for the person.

Keywords

AI generated
material reception conditions EU Reception Conditions Regulations EU Charter of Fundamental Rights asylum seeker rights judicial review declaration

Cited Legislation

AI generated
EU (Reception Conditions) Regulations 2018
However, the applicant was not provided with the “material reception conditions” as is provided for in the EU (Reception Conditions) Regulations 2018 (the Regulations).
Charter of Fundamental Rights of the EU, Article 1
By reason of the foregoing, I have concluded that the first named respondent is in breach of both his obligations under the Regulations and the Charter of Fundamental Rights of the EU, in particular, Article 1 thereof, in respect of this applicant.
AI generated
IEHC 187
High Court declares Minister unlawful for failing to provide material reception conditions to minor asylum seeker.
2025_IECA_156-1
Court of Appeal dismisses Commission's appeal, holding that extreme poverty alone does not prove degradation incompatible with human dignity.
IEHC 48
High Court quashes Refugee Appeals Tribunal decision for failing to address PTSD causes and documentary evidence.
IEHC 806
High Court refuses CJEU reference on whether 9-month negative decision precludes labour market access.
IEHC 648
High Court dismisses certiorari application against asylum refusal for failing to address a specific claim ground.

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Full text

THE HIGH COURT

JUDICIAL REVIEW

[2023] IEHC 283

[2023/174 JR]

IN THE MATTER OF DIRECTIVE 2013/33/EU AND THE EU (RECEPTION

CONDITIONS) REGULATIONS 2018

BETWEEN

I.K.A.

APPLICANT

AND

THE MINISTER FOR CHILDREN, EQUALITY, DISABILITY, INTEGRATION

AND YOUTH, IRELAND AND THE ATTORNEY GENERAL

RESPONDENTS

AND

THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND THE

IRISH HUMAN RIGHTS AND EQUALITY COMMISSION, AMICUS CURIAE

JUDGMENT of Mr. Justice Charles Meenan delivered on the 23rd of May, 2023

Introduction

1. The applicant in these proceedings is a national of Afghanistan and arrived in the State on 8 February 2023. The applicant applied for international protection on the same day. However, the applicant was not provided with the “material reception conditions” as is provided for in the EU (Reception Conditions) Regulations 2018 (the Regulations).

2. The case of the applicant in these proceedings was heard alongside an application by S.Y. (a minor suing by his next friend Aoife Dare) (Record No. 2023/175 JR).

3. Judgment was delivered by this Court in the case of S.Y. on 21 April 2023.

Issues

4. The issues that arise in the proceedings are the same as those that arose in the S.Y. (a minor) application.

5. I have considered these issues in the judgment which I gave in the S.Y. (a minor) case and, thus, apply those conclusions to this application.

Conclusion

6. By reason of the foregoing, I have concluded that the first named respondent is in breach of both his obligations under the Regulations and the Charter of Fundamental Rights of the EU, in particular, Article 1 thereof, in respect of this applicant. I will, therefore, grant the applicant the following declarations:-

(i) A declaration that the First named Respondent’s failure to provide the applicant with the “material reception conditions” pursuant to the European Union (Reception Conditions) Regulations 2018 is unlawful.

(ii) A declaration that the failure by the First named Respondent to provide to the applicant the “material reception conditions” pursuant to the European Union (Reception Conditions) Regulations 2018 is in breach of the applicant’s rights under Article 1 of the Charter of Fundamental Rights of the European Union.

7. As for the costs of these proceedings, I understand that the issue of costs is being considered by the applicant and the respondent and will be mentioned in court at a later date.