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Ireland - August 2025

ECJ rules shortages cannot justify denying shelter to asylum seekers

On 1 August, the EU Court of Justice (ECJ) ruled that Ireland (and other EU member states) cannot use increases in the number of asylum seekers as a justification for failing to provide for their basic needs. The case concerned two International Protection (IP) applicants, an Afghan and an Indian, who had experienced extended periods of homelessness due to a lack of accommodation. Since 2023, single adult male asylum seekers in Ireland have not been guaranteed shelter because of accommodation shortages. While in 2023, the IP accommodation authority acknowledged that this breached EU reception rules, it argued that the influx and shortages constituted ‘force majeure,’ justifying a temporary exception. The High Court subsequently referred the matter to the ECJ. The case will now return to the High Court for final decisions, which must align with the ECJ’s binding interpretation of EU law.

Sources: Court of Justice of the European UnionIrish TimesIrish Refugee Council

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