Visa refusal for Gazan student irrational, court told

A decision by the Minister for Justice to refuse a study visa to a Gazan student is unlawful and irrational and should be set aside, lawyers representing dozens of Gaza students seeking judicial reviews of decisions to refuse study visas have argued at the High Court.

The Judicial Review centred on the case of one student, Shaymaa Abudalu, but her lawyer said it was hoped that this lead case would clarify issues for all of the students.

The court heard that Ms Abudalu has been offered a fully funded place on a four-year Engineering degree programme at UCC. However, she cannot travel to Ireland to take up her place because her application for a study visa was refused.

The hearing, before Mr Justice Anthony Barr, heard that Ms Abudalu’s mother and her two sisters and brother were killed in an Israeli missile strike in March 2024. Her grandparents, her aunt, and other relations were also killed in the attack.

The court heard that Ms Abudalu was buried under rubble beside the body of one of her sisters for a number of hours, and was unable to walk for over a month as a result of injuries she sustained.

Described as an exceptional student over a year later she sat her final school exams - the equivalent of the Leaving Certificate - and obtained a score of 96.7%.

She and her father are the only surviving members of her immediate family.

The court heard that Ms Abudalu was not seeking an exception to immigration rules, rather that she was seeking what is required of her in making her application be considered in the light of the particular circumstances pertaining in Gaza.

Lawyers argued that the refusal of her visa was unlawful but that to appeal the refusal was an entirely inadequate remedy. This is because the outcome of any such appeal would not be known until September of next year - too late to allow her to take up her place on the UCC course, which began last month.

Representing Ms Abudalu, barrister Sarah Jane Hillery said a request to the Department of Justice for prioritisation of an appeal had not been addressed "at all".

She said that between this year and last year there had been a "complete change" in the way that study visa applications from students in Gaza are considered by the State.

Ms Hillery said it was their understanding that while Gaza students awarded Government scholarships this year had had their visas approved, those awarded scholarships fully funded by university and other private sources were being refused.

She said it was their understanding that while in the last two years decisions on study visas had been made by the Irish embassy in Tel Aviv, where certain administrative and documentary hurdles were not always applied, this year the processing of visas had been passed to the Department of Justice in Dublin.

Ms Hillery, who is instructed by Phoenix Law, argued that this shift had coincided with a dramatic increase in the amount of study visa refusals, and that this was not in keeping with Irish policy with regard to Gaza as reflected in pronouncements made by members of Government including the Minister for Justice and the Taoiseach, who referred to dealing with study visa applications "speedily and sympathetically", and adopting "a compassionate approach".

Ms Abudalu’s application was rejected on a number of grounds that her lawyers said were "generic" across 27 of this year’s visa refusals.

They included a failure to supply strong evidence that they will return home once their course of study is completed, which lawyers said was common to every single rejection.

Ms Hillery said the generic nature of the reasons for refusal was in contrast with the department's claim that individual applications were considered on their own merits.

She said that, in what was a "clear error", the reasons for rejection of Ms Abudalu's visa application included a claim that she had not submitted a completed financial summary form, when in fact she had.

Ms Abudalu's legal team said a requirement to submit bank statements did not take into account the complete collapse of the banking system in Gaza.

In an affidavit, parts of which were read out in court, Ms Abudalu said she wants to study engineering so that she can return to Palestine to rebuild her country, and to honour her family who will never get to see her achieve her hopes and dreams.

In another affidavit referred to during the hearing, the charity Gaza Scholarship Initiative, which has supported Gaza students offered scholarships here and in other countries, said in 2024 and 2025 the organisation had had extensive engagement with Irish embassy staff in Tel Aviv, who waived some visa application requirements because of the exceptional circumstances the students were living in.

Maxim Sansour, of GSI, said in 2025 there was an expedited process in place for Gaza students and all of the applications that he was aware of had been successful.

The court heard this was in marked contrast to this year.

The High Court was told that the State has this year departed from this practice and procedure to a stricter one that does not take into account the exceptional circumstances of students in Gaza.

Lawyers argued that this shift was an unlawful change in practice that was made without notice.

Ms Abudalu’s lawyer said it was important to stress that she was not seeking "a handout from the state". Her scholarship is fully funded and she is not seeking an exception to the rules.

"In the face of what is recognised and accepted as happening in Gaza and in the face of confirmation from UCC that all costs will be met, [to request and rely on the submission of bank statements] is entirely irrational" Ms Hillery told the court.

Mr Justice Barr will hear from lawyers representing the Minister for Justice today. The judge said he would hope to have a determination in this case next week.