EU Court Rules Member States Cannot Evade Asylum Seeker Accommodation Liability

luxembourg – In a landmark ruling, the European Court of Justice (ECJ) has declared that member states cannot escape their legal obligations under EU law to provide accommodation for asylum seekers by citing temporary housing capacity issues. The judgment, delivered on Friday, clarifies that an influx of asylum seekers, even if significant and unforeseen, does not absolve a state from its duty to guarantee access to accommodation for a reasonable period.

Unforeseen Influx No Excuse for Neglect

The ECJ’s interpretation of EU law states that a member state which has failed to guarantee access to accommodation for an asylum seeker for a number of weeks “may not avoid liability under EU law by pleading temporary exhaustion of the housing capacity… owing to an influx of third-country nationals seeking temporary or international protection; an influx which, because of its significant and sudden nature, was unforeseeable and unavoidable.”

This decision comes just two days after the Irish Court of Appeal ruled that asylum seekers left without accommodation upon arrival were “placed in a situation of extreme material poverty,” but stopped short of finding they were in “a state of degradation incompatible with human dignity.” That earlier judgment had overturned a High Court finding that the state’s failure to house homeless asylum seekers breached their essential right to dignity.

Irish Refugee Council Welcomes ECJ Ruling

The Irish Refugee Council, which represented the asylum seeker known as SA in the ECJ case, welcomed the ruling, calling it “crucial…for all vulnerable groups.” Katie Mannion, managing solicitor with the council’s self-reliant law center, emphasized that the European court had “confirmed that individuals whose rights are breached by the State can access a remedy and that the State must be held accountable.”

Mannion highlighted the severe hardship experienced by SA, who endured 71 days of “street homelessness, hunger and fear” due to the lack of accommodation. “He was prohibited from working and could not access any emergency accommodation or payments during that time and was left destitute,” she stated. “Having written seeking a bed in IPAS accommodation numerous times and experiencing suicidal thoughts and constant pain, he had no further option but to seek shelter through the courts.”

The Reality of Accommodation Shortages

As of July 30th, the article notes that 942 male asylum applicants were awaiting accommodation offers. Since December 4th, 2023, a total of 9,981 individuals have applied for asylum, with 1,417 of those deemed “vulnerable” being offered accommodation upon arrival. Those left without housing currently receive a weekly allowance of €113.80 and are directed to charities for food and tents.The case will now be referred back to the High Court to make final determinations, taking into account the ECJ’s binding interpretation of EU law. This ruling is expected to have significant implications for how member states manage asylum seeker accommodation and their legal responsibilities in times of increased migration.