Mr Justice Barry O’Donnell yesterday handed down judgment in three judicial review proceedings brought by the Irish Human Rights and Equality Commission in its own name against the State.

The judicial reviews were brought in respect of a class of persons, in this case international protection (IP) applicants who were not offered accommodation when they made their asylum claim.

Mr Justice O’Donnell said the court was “satisfied that the current State response to the needs of IP applicants who are acknowledged to be without accommodation is inadequate to the point that the rights of the class of person concerned in these proceedings under Article 1 of the Charter of Fundamental Rights of the European Union have been breached by the State”.

“As noted by the CJEU in clear and unequivocal terms in Saciri and Haqbin, a failure to provide for the basic needs of applicants amounts to a breach of their right to human dignity,” he added.

The High Court granted a declaration to this effect, though declined to grant a mandatory order compelling the State to fulfil its legal obligations to provide for the basic needs of IP applicants.

Michael O’Neill, head of legal at the Irish Human Rights and Equality Commission, said: “The Commission welcomes this significant judgment.

“Not only has the court clarified important points of law, but critically, it has recognised that the State’s failure to meet the basic needs of IP applicants has put them in a deeply vulnerable position where they cannot live in dignity and security.

“When we began these proceedings in December, 259 IPAs were unaccommodated by the State. That number now stands at 2,352. The Commission notes the expectation of the court that the State will comply with its decision.”

The Irish Refugee Council welcomed the decision, which it said builds on the litigation taken by its independent law centre in April and December 202 and the subsequent decision of the High Court in the S.Y. and S.A. and A.J. cases.

Katie Mannion, managing solicitor of the law centre, said: “The High Court makes clear findings that the support given to unaccommodated international protection applicants is inadequate and that an inability to access basic needs, particularly accommodation and hygiene, leaves people in a deeply vulnerable and frightening position that undermines their human dignity.

“In declaring the State’s efforts thus far to be inadequate to meet people’s needs, and in breach of EU law, the court expressed an expectation that the State would now respond appropriately. Immediate steps must now be taken to ensure that international protection applicants’ basic needs are met.”

Nick Henderson, CEO of the Irish Refugee Council, added: “This is an extremely important decision, not just because of the declaratory relief made that the State is in breach of the Charter of Fundamental Rights, but also because of the analysis and findings made of the State’s practical response.

“We commend and congratulate the Human Rights Commission for taking the case and preparing the array of evidence.

“We believe the effect of the judgment is that the State must accommodate people, and, in the interim, radically improve and change what is offered to people. Government must use this as an opportunity implement the necessary changes to restore the dignity of those affected.

“It is unacceptable that we still have 2,352 people without accommodation after several High Court rulings.”