The proceedings before the High Court have been brought by the Commission in its own name, invoking section 41 of the Irish Human Rights and Equality Commission Act 2014 for the very first time.

The Commission told Ms Justice Niamh Hyland that it had written to the minister indicating its intention to use this legal power because of the gravity of the situation and the nature of the destitution and risk faced by unaccommodated international protection applicants.

The respondents in the case are the minister for children, equality, disability, integration and youth, Ireland and the Attorney General.

The legal action seeks to compel the State to fulfil its legal obligations to provide for the basic needs of international protection applicants, including the provision of shelter, food and access to basic hygiene facilities.

It also seeks declarations from the court that the failure to provide for the basic needs of international protection applicants breaches the human rights of the people affected.

Chief commissioner Sinéad Gibney said: “The State has an obligation to provide basic needs to people arriving here seeking international protection. Many of these people are extremely vulnerable, isolated, non-English speaking, afraid, financially destitute and unaware of their rights.

“Despite this, they face the unacceptable reality of sleeping rough, in the middle of winter, on streets that have so recently seen groups fomenting anti-immigrant sentiment.

“At the very least they must be provided with shelter and basic provisions. Leaving them to fend for themselves is not an option at any time of the year, but particularly as we face into the cold, Christmas period.”