By Saira Khan
“Houses are in many ways at the heart of social and cultural life… they ‘constitute culturally significant space of the highest order’… houses are embedded in a web of diverse notions including home, family, privacy, investment, status and the like.”
Considering the notion of housing as more than brick and mortar, in the post-conflict, devolved setting of Northern Ireland, in addition to the wider context of increased anti-migration perspectives, it is understandable that refugees face discrete risks of discrimination and hostility. This blog post examines refugee access to housing in NI, with particular focus on public and private housing and homelessness, against the backdrop of international obligations. It also makes recommendations for ways to mitigate current issues.
The 1951 Refugee Convention establishes the rights to be upheld concerning refugees, such as non-discrimination, access to justice and housing. These are further enshrined within ICESCR which specifically refers to the right to adequate housing as an international standard to be met by member states. The UN Special Rapporteur on the right to adequate housing has emphasised that ‘housing status’ falls within the interpretation of Article 2(2) of ICESCR which guarantees that all economic, social and cultural rights “… are exercised without discrimination of any kind…”. General comment No.4 offers a complementary interpretation which notes that housing is of “central importance” to enjoying all rights. The guidance includes legal security of tenure, affordability, habitability and location.
In Northern Ireland, housing and homelessness are a transferred matter (devolved responsibility), placing the onus on the NI Assembly and Executive to uphold housing rights through the Department for Communities (DfC). Housing is a core responsibility of the department. The DfC is the sponsor department for the NI Housing Executive (NIHE) providing expertise, advice, and oversight. The NIHE is a non-departmental public body established by the Housing Executive (NI) Act 1971, as amended by the 1981 Order. It is the Strategic Housing Authority for NI and a public landlord. Effectively, the DfC and NIHE are tasked with ensuring that NI’s international housing obligations are upheld. The obligations of the NI Assembly and its relevant departments and their effectiveness must be considered in the wider context of public perceptions of refugees and migration, general housing issues, as well as how these interact with the relevant bodies.
Current challenges
Based on data collected from the Northern Ireland Research and statistics Agency, as of 2025 the total number of applicants on the social housing waiting list was 49,083. Of the total number of applicants, 37,635 were under ‘housing stress’, and the total number of property allocations were 6,388. 8,217 households presented as homeless between April and September 2025, for reasons including ‘neighbourhood harassment’. Notably, there is little to no focus on the intersection of refugees with homelessness.
NI, like much of Europe, is witnessing a diversifying population due to global migration, alongside the perception of an ‘unprecedented’ influx of refugees. While global crises across the globe have undoubtedly caused mass displacement and large numbers of people seeking refuge, NI actually hosts fewer refugees that other parts of the UK. Refugees have been met with hostility, marginalisation and punitive approaches by many states, with NI being no exception. NI made international news for racist riots in 2024 and 2025 which saw indiscriminate attacks on anyone perceived as ‘foreign’, resulting in the burning and vandalization of homes, people having to be placed into temporary accommodation, as well as extreme fear of harm. A distinct link has been made between paramilitarism and racist violence in relation to immigration, reflecting a rather specific threat to refugees residing in NI.
Private housing
The limiting factors affecting refugee integration and access are usually coupled with the wholly inadequate ‘move on’ period which requires a refugee to leave their Home Office provided accommodation within 42 days of being granted asylum, when they are often entering the local housing market without a job, savings or knowledge of the housing market. The Refugee Convention effects that refugees should be treated as favourably as possible and not less favourably than “…aliens generally in the same circumstances.”, within the member state’s ability to do so. As will be demonstrated, refugee access to private housing in a ‘favourable’ manner is impeded by policies, a lack of knowledge, financial capital and social support.
Increasing rent prices are a significant challenge for many across the UK, and NI is no exception. Considering the unlikelihood of refugees having savings or adequate funds, they are likely to be disproportionately excluded from the private housing market. The average monthly rent in NI is £875 with Belfast’s average rent at £1130, £255more than the regional average. With this in mind, and the fact that many refugees will be located within the capital, private rentals remain financially out of reach for many. High rent prices inevitably threaten the affordability of other essentials, undermining interpretations of the relationship between the affordability of housing and other elements vital for living as stated in the ICESCR.
Services that assist refugees entering the private housing market such as ‘Retreat Housing’ do exist, however are largely charity organisations lacking public funding to assist the growing numbers of refugees in need of vital support. The mere fact that many of the instruments for refugee integration fall to charity organisations and NGOs indicates a failure of the Executive to uphold their international obligations.
The Private Tenancies Act (NI) 2022introduced protections for renters in the private sector, namely, an extended time period to meet deposit requirements, limits on deposit amount, as well as a 3 month notice on rent increase. England and Wales have recently implemented the RRA which goes further in its intention to improve renters rights in the private sector, introducing a ban on ‘no fault’ evictions, stronger protections on rent, deposits, maintenance as well as provisions prohibiting discrimination of certain persons. Again, refugees are not explicitly acknowledged in relation to discrimination of vulnerable persons, despite discrimination in the housing sector being evident across the UK. Ultimately, a failure to recognise refugees as vulnerable in relation to housing will prevent the Refugee Integration Strategy from living up to its promises of meaningful integration. Additionally, the Refugee and Asylum Forum are calling for a cessation of guarantor requirement, which currently may disproportionately impact refugees.
Social housing
“The housing conditions and experiences of refugees…play an important role in shaping…sense of security and belonging, and…bearing on…access to healthcare, education and employment.”
This section will address refugee access to social housing, how the NIHE performs its responsibilities and specific rules that are likely to impact refugees.
Access to universal credit for newly recognised refugees can take up to 5 weeks. During this period, refugees are unlikely to have savings, a place to stay or any other means of avoiding destitution. As refugees are likely not to have alternative means of accommodation, they are expected to present to the NI Housing Executive as homeless where they are required to fill in a homelessness assessment.
The Housing Executive has two main housing duties: the interim duty to house(temporary/emergency accommodation) and full housing duty. In order to qualify as a full duty applicant, a person must meet the 4 statutory criteria: eligibility, intentionality, homelessness and priority need set out in the Housing Order (NI) 1988. The criteria defining ‘priority need’ include pregnant people, people with children dependants residing with them, those with physical and mental disabilities, or persons with “…other special reason…” which is not defined within the legislation. However, refugees are not explicitly recognised to any degree within the legislation, indicating a further shortfall of the aims within RIS to ensure adequate integration.
Reflecting on the ongoing issues arising from sectarian and racial discrimination that are unique – but not limited – to NI, the location of a refugee’s chosen home becomes a question of safety and sustainability. Refugees arriving in NI are often unaware of the historical context and the relationship it plays with housing, districts, and on a wider scale, politics. Rule 57 of the Housing Selection Scheme Rules (HSSR) offers two ‘reasonable’ choices of accommodation. If both are deemed reasonable and are still refused, another allocation will not be offered for another year. ‘Reasonable’ considers the suitability of features but does not specify any further, evidently creating a gap for those refugees whose needs may not fall within the vague criteria, such as instances where political perspectives within the neighbourhood may affect a refugee’s ability to live a secure and safe life.
Rule 23 of the Housing Selection Scheme Rules sets out mitigation for people subject to sectarian or racial intimidation by prioritising the rehoming or allocation of safe housing. As of April 2025, this rule has been removed, which may inadvertently impede on residents’ rights under Article 2(2) of ICESCR (non-discrimination) by removing options to alleviate racial intimidation. This is a contested course of action by the DfC, and has been highlighted by organisations as well as the DfC as having the potential to detrimentally impact those at real risk. The need for such a mechanism stems from the unique dynamics of conflict derived from historical events, confronted with an evolving and increasingly diverse society. Such a mechanism is more than a tool: it ensures a sense of security and accountability for refugees who are more likely to experience racial intimidation in housing, especially where they may feel that other remedies such as police intervention may escalate tensions or cause other adverse effects.
As highlighted, cultural issues bleed into all aspects of housing, right down to the inability to provide an adequate amount of physical ‘units’ on an annual basis. Advocacy for the funding and building of more diverse and sustainable units is ongoing through organisations such TBTC, the organisation takes a specific focus on cross-community development and the integration of refugees through access to adequate housing.
Having considered refugee access to private and social housing, it is clear that many are likely to fall within the category of ‘homeless’, at least for a time. It is evident that homelessness policy and legislation should encompass refugees explicitly, indicating a further challenge of international law to mitigate the effects of destitution in refugees.
Homelessness
It is crucial to consider external factors that may contribute to refugee homelessness in the UK, and NI. Noting the above factors it can be suggested that many refugees will experience some level of ‘homelessness’ when transitioning statuses. This section will address the impact of policies on homelessness/destitution amongst refugees, existing organisations aimed at assisting refugees and the Executive’s responsibilities under international law.
Evidence suggests that refugees are more likely to experience homelessness/destitution during the transitionary phase due to administerial delays, a lack of knowledge as well as a lack of means. In Northern Ireland, while the correlation between ‘new-status’ refugees and the likelihood of homelessness is acknowledged in the Refugee Integration Strategy (RIS), there is no indication of acknowledgement of this demographic in the Ending Homelessness Together Strategy (NI) 2017-2027. This signifies a crucial failing by all relevant departments: the inadequate collection of data relating to migrants in general , but specifically refugees who are entering the common social security sector and are faced with administerial barriers delaying integration. This is in contravention of Article 35 of the Refugee Convention which calls for adequate collection of data on refugees to better analyse the overall treatment and conditions of refugees. Failure to do this prevents member states from accountability.
Extern is a charity organisation offering assistance that is currently not provided by the Executive. It operates across Ireland, including in NI, and offers two main options for assisting refugees. First, the resettlement scheme, in collaboration with the UK Home Office, which aims to assist refugees coming into NI to access adequate housing and other services. The second service is for refugees transitioning out of the asylum process, better known as the 28-day move on period. Extern’s refugee floating support service is specifically aimed at tackling refugee homelessness at this crucial stage. These services are integral to upholding the Executive’s responsibilities of and commitments to effective and meaningful integration for refugees. It is vital to recognise that Extern, like most of the charity organisations taking on elements of refugee integration, is underfunded for the tasks that they take on. Notably, over the last few years, Extern has been advocating for fairer funding from the UK Government after nearly witnessing the closure of one of their crisis centres, as well as now facing cuts that may slash the budget by more than half.
The UNHRC Resolution 43/14 calls upon states “to take all measures necessary to eliminate legislation that criminalizes homelessness, and to take positive measures with a view to prevent and eliminate homelessness…”. The UN Special Rapporteur on the right to adequate housing highlights the stigmatisation of homelessness and the fact that it is often addressed with criminalisation and violence. Yet, under the Vagrancy Act 1824 and (Ireland) Act 1847 there have been 286 prosecutions and 269 convictions between 2018 and 2023 in NI, with no specific figures on the demographic of the people. Arguably, this is likely to disproportionately affect refugees who are homeless when considered in conjunction with the criminalisation of migration.
Perhaps demonstrating shifting perceptions of homelessness, as of June 2026 the United Kingdom’s Vagrancy Act 1824 was repealed. Plans to repeal this legislation as well as the Irish equivalent are ongoing in NI. While an overall positive effect in the destigmatisation of homelessness, this will ultimately benefit refugees facing an intersectionality of criminalisation on the basis of nationality, race and housing status. This also draws NI closer to the guidance set out by international standards. It is essential to note that while homelessness assistance exists to some capacity, refugees are disproportionately represented in scenarios of destitution, and that a culmination of a lack of data, refugee specific policies and wider socio-political perspectives work against refugees within NI.
Recommendations
Accounting for the above mentioned factors regarding refugees’ access to housing, the recommendations below aim to provide effective and manageable suggestions for the Executive and the DfC to ensure meaningful and adequate access to housing and integration for refugees in NI.
- The NI Executive should work with the DfC to establish an enforcement body for the Decent Homes Standard in both social and private housing sectors, bringing NI in line with the principles under ICESCR and the Renter’s Rights Act 2025, ensuring accountability in the maintenance of adequate housing.
- The Executive should work with the DfC to explore the impact of the removal of Rule 23 of the Housing Selection Allocation Scheme with a focus on race, and should consider options for mitigation.
- The NI Assembly should make meaningful efforts to recognise the historical impact of conflict on refugees in NI, and explore effective solutions. This will combat racist and anti-immigrant rhetoric, allowing NI to further align themselves with the international standards on non-discrimination, and equal opportunity.
- The Executive should incorporate refugees into any non-discrimination provisions relating to renter rights. This will ensure refugees an effective “…degree of security of tenure”. This should consider refugees as ‘priority need’ applicants, recognising refugees under ‘special reasons’, or entrenching refugee renter’s rights regarding discrimination of certain persons.
- The NI Executive should take steps to ensure that the collection of data relating to refugee housing need and homelessness is up to date, and adequate. This will ensure accountability at a national and international level.
- The NI Executive should consider advocating for the implementation of a UK-wide homelessness strategy, informed by each nation’s data on refugee housing and homelessness. This will pull NI in line with Article 35 of the Refugee Convention and other international principles.
Saira Khan is an LLM student at Ulster University School of Law and a member of the Migration Policy Clinic team at Ulster University Law Clinic. human rights activist with a special interest in asylum seeker and refugee access to social security rights
The views expressed in this article belong to the author/s and do not necessarily reflect those of the Refugee Law Initiative. We welcome comments and contributions to this blog – please comment below and see here for contribution guidelines.