Lead cases selected to decide if homeless international protection applicants entitled to damages

Two lead cases out of some 50 in which international protection applicants are seeking damages from the State over being left homeless on arrival here will be heard later this year.

The two cases were chosen by Ms Justice Niamh Hyland on Wednesday following submissions from several lawyers acting in the 50 or so High Court actions over whether the circumstances of their clients merited being chosen as lead cases.

Earlier this year, the court ruled that the Minister for Integration’s failure to provide “material reception conditions” for a homeless Afghan asylum seeker was not in compliance with EU (Reception Conditions) Regulations 2018 and the EU Charter of Fundamental Rights.

As a result, that applicant and several others left in similar conditions sought damages. The State opposed the actions and is now contesting their entitlement to damages.

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Ms Justice Hyland said she had considered submissions from the Minister and lawyers acting for a number of the other plaintiffs in what were now some 50 cases before the court.

She decided the first lead case should be that of a young man who had psychological problems because of his circumstances in Afghanistan and who was in a car crash on his way to Ireland in which a number of people were killed.

It was also one of the first cases brought over international protection applicants being left homeless on arrival in Ireland and had similarities to a number of other cases in which aggravating factors had been identified, she said.

The second lead case had less serious factors but represented similarities in other cases, she said.

The court’s determination in these two lead cases will set out the principles that will guide decisions in the other cases, she said.

She adjourned the two lead cases for hearing in November and gave directions for the exchange of documents between the parties in advance of the hearing. She adjourned the other cases to December for mention.