Lawyers for a Palestinian student refused an Irish visa, who sought to pursue an engineering university degree here following the grant of a scholarship, have argued in the High Court that the denial was unlawful.
The outcome of the student’s challenge, which is being heard by Judge Anthony Barr, will potentially impact 38 similar lawsuits taken by Palestinians refused student visas by the Minister for Justice Jim O’Callaghan.
Opening the 20-year-old’s case on Tuesday, barrister Sarah Jane Hillery said the student was still in Gaza, living in “what remains for her home” following Israel’s assault on the region. Many of her immediately family members, including her mother and sisters, were killed in an Israeli air strike in March 2024, the court was told.
Hillery, barrister for the student instructed by Phoenix Law, said that the only reason she was not at University College Cork (UCC) pursuing an engineering degree on a fully-funded scholarship was because she was refused a visa to come to Ireland. She said her side’s argument is that the visa refusal was unlawful.
It is argued on behalf of the student that the refusal was unreasonable, irrational and in breach of fair procedures.
Hillery submitted the student met various criteria required for the granting of a visa. She said the student had provided a letter from UCC proving her place on the engineering degree, a proof of waiver of her tuition fee and proof of access to money during the period of study.
It is submitted that certain documentary requirements for the granting of a visa – including the procurement of bank statements – are irrational and “set an impossible standard” for Palestinian students seeking visas, with regard to the destruction of infrastructure in Gaza.
It is submitted that the student does not have access to an appropriate, alternative remedy to pursue her complaint, given that an appeal to the visa refusal will not be determined until September 2027.
The State is opposing the student’s judicial review challenge.
Earlier this month, four Palestinian students refused visas settled legal actions, after the Minister for Justice agreed to expedite their appeals to the refusals. Three of the students were subsequently granted visas, while the fourth lost their appeal.
At Tuesday’s hearing, the court heard that no such agreement has been reached in the case currently before the court.
The hearing continues on Wednesday.