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Injunction denied against housing migrants at former industrial site due to lack of justiciable claims
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High Court refuses an application for interlocutory injunctions sought by plaintiffs against the housing of migrants at a former industrial site. The plaintiffs' case was found to be unstateable, as it did not raise a fair question to be tried, particularly with respect to the precautionary principle and public participation rights under the Aarhus Convention. The court emphasized that the precautionary principle and Aarhus Convention do not have direct effect in Irish law and are not justiciable on a freestanding basis. Furthermore, the court criticized the plaintiffs' narrative as potentially inciting hatred and xenophobia, and firmly rejected the plaintiffs' attempt to attribute their views to the broader community.
Interlocutory injunction, migrants, housing, precautionary principle, Aarhus Convention, justiciability, public participation, planning exemption, international protection, asylum seekers, environmental law, EU law, cultural genocide, discrimination, xenophobia, public policy, High Court decision, unstateable case, legal principles, human rights, community engagement.
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