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Damages awarded for failure to provide material reception conditions

By: James Cross BL

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High Court, in international protection and immigration proceedings, refuses to quash the decision of the Minister for Justice designating their accommodation centre, but grants a declaration that between the making of the international protection application and the issuance of the decision in relation to the accommodation centre the Minister for Justice acted in breach of EU law in failing to provide the applicants with material reception conditions; and the court awards damages for breach of EU law in relation to the temporal requirements for the availability of material reception conditions.

Judicial review – asylum and immigration – applied for international protection - Minister designated an accommodation centre outside Dublin where the applicants can avail of material reception conditions – requested a vulnerability assessment – whether the Decision made without regard to her special reception needs – no breach of the relevant statute – nothing to suggest that relevant considerations known to the Minister were not considered by him – whether the Decision made without regard to the minor’s best interests – alleged failure to correctly transpose Art.21 in restricting the definition of vulnerable persons – breach of temporal requirements - State not permitted to create regulations which allow, as here, the clearest of temporal departures from the requirements – damages for failure to transpose EU law properly – Directive does not: oblige the Minister to respect an applicant’s choice of direct provision location; or entitle an international protection applicant to be accommodated in a location of her choice – judicial review refused – damages granted for breach of EU law.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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