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Laura Hutton/Photocall Ireland

High Court rules direct provision does not breach human rights

The €19.10 payment and the operation of direct provision were not deemed unlawful.

THE HIGH COURT has ruled that the direct provision system does not breach the human rights of two asylum seekers based in Galway.

Justice Colm Mac Eochaidh found that direct provision was not in breach of Articles 3, 5 and 8 (inhumane and degrading treatment, right to liberty and security, privacy).

In addition, the €19.10 payment and the operation of direct provision were not deemed unlawful.

House rules 

However, Justice Mac Eochaidh found in favour of the applicants in relation to the Complaints Procedure and the RIA House Rules.

The two asylum seekers have been living in direct provision accommodation in Galway since 2011.

Reacting to today’s ruling, Nasc CEO Fiona Finn, who was in attendance for the judgment, said they are “deeply disappointed” that the judge did not find direct provision to be in breach of Articles 3, 5 and 8.

She said that it was also disappointing that the operation of direct provision itself and the €19.10 payment were not deemed to be unlawful.

“Although we have not had the opportunity to read the judgement in full as yet, we would have concerns around the reasoning behind these particular judgements,” Finn said.

The ruling on the RIA House Rules and the Complaints procedure is highly significant however, and we welcome Justice Mac Eochaidh findings in relation to the treatment of residents by the Reception and Integration Agency.

Since the revision of the House Rules in 2009, Nasc has been highlighting its failures, especially the dysfunctional complaints procedure, an area Justice Mac Eochaidh particularly highlighted.

She said Nasc also welcomed Justice MacEochaidh’s recognition that the lack of visitation rights, unannounced room inspections and the requirements to sign in are unlawful.

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    Mute Keith Fay
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    Apr 17th 2019, 8:07 PM

    Generic zombie apocalypse comment

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    Mute Ted Murray
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    Apr 17th 2019, 8:26 PM

    They’re probably telling porkies.

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    Mute TamuMassif2019
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    Apr 17th 2019, 10:32 PM

    P.S. No one knows what consciousness is… Is this not cruel?

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    Mute Ananya Sharma
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    Apr 17th 2019, 8:59 PM

    So David Camerons pigs head probably knew what was going on?

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    Mute Sega Yolo
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    Apr 17th 2019, 10:06 PM

    @Ananya Sharma: someone had to ..

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    Mute Alan Duffy
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    Apr 17th 2019, 8:05 PM

    The Oinking Dead!!!

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    Mute Martin Scaldbag
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    Apr 17th 2019, 8:45 PM

    @Alan Duffy: Don,t tell Francy Brady

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    Mute ⚡ Seánie ⚡
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    Apr 17th 2019, 9:44 PM

    Did they do this because they watched Flatliners as kids?!
    I always wonder does SciFi inspire inventions….

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    Mute Xanadu Marmalade
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    Apr 17th 2019, 8:16 PM

    Pet Sematary

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    Mute Cillian Adamson
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    Apr 17th 2019, 11:40 PM

    @Xanadu Marmalade: Sometimes dead is better

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    Mute @kudzu_dub
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    Apr 18th 2019, 7:45 AM

    Cruelty. Pure and simple.

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    Mute Dermot Foley
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    Apr 17th 2019, 10:37 PM

    What a disgusting study. What have humans become in their search for immortality. Yuck.

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    Mute Chaos_Ape
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    Apr 18th 2019, 12:30 AM

    @Dermot Foley: ah, curious?!

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    Mute David Devane
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    Apr 17th 2019, 8:35 PM

    Wow , it’s going to be messy BBQ’s in years to come … ….

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    Mute philip mcnally
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    Apr 17th 2019, 9:56 PM

    So there’s hope for politicians!!!!
    Under current legislation it’s ok to stick your head up your arse while people are homeless…while we give cash to the f.a.i.

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    Mute Michael Maher
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    Apr 17th 2019, 10:28 PM

    Frankenstein reincarnate

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    Mute David Devane
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    Apr 17th 2019, 8:34 PM

    Wow , it’s going to be messy BBQ’s in years to come … …. in my day pigs were killed and they stay killed

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    Mute Stevie Doran
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    Apr 18th 2019, 12:22 AM

    Hope for trump

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    Mute keyboardwarrior
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    Apr 18th 2019, 2:26 PM

    I read an article before where it was predicted in the future , scientists will be able to translate and display what animals think , feel and comprehend.
    That future generations will look back at the savagery of our intensive factory farming techniques in horror.
    Not to mention the environmental hazards it causes

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    Mute Liam Meade
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    Apr 17th 2019, 8:11 PM

    It’s aliveeeee It’s aliveeee
    fools i told you I’m not maaaad
    soon ill kill you all hahahahaha

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    Mute Ian Phillip Creaner
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    Apr 17th 2019, 9:16 PM

    Interesting info. Now O need to find a source in actual English. #gobacktoschool

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    Mute Diarmuid Hunt
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    Apr 17th 2019, 9:40 PM

    @Ian Phillip Creaner: Maybe take your own advice?

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    Mute Ian Phillip Creaner
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    Apr 18th 2019, 7:05 AM

    @Diarmuid Hunt: Unkike you, I use a phone, not a computer. Also unlike you, I have spell check switched off. It cannot deal with the 7 languages I generally communicate in. This game is fun, but unlike you, I have a life to get back to. Oh one last fun one. Unlike you, I have man hands.

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    Mute Diarmuid Hunt
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    Apr 18th 2019, 7:50 AM

    @Ian Phillip Creaner: You made some great assumptions there with no information so well done you. I’m using a phone, I’m a man using my hands, I don’t jump on other people’s mistakes unless they make it while trying to point out others’ mistakes. You can’t have much of a life considering all the things you found ‘fun’ in your last comment. Anyway have a good one.

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    Mute stephen
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    Apr 18th 2019, 8:50 AM

    @Ian Phillip Creaner: “the 7 languages I generally communicate in”. Nice humble brag mate.

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    Mute sandra clifford
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    Apr 18th 2019, 7:50 PM

    That’s sick

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