Lawyers claim visa refusal for UCC student was ‘unlawful’

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 visa denial was unlawful.

The outcome of the 20-year-old student’s challenge, which is being heard by Judge Anthony Barr, will potentially impact 38 similar lawsuits taken by Palestinians refused student visas by justice minister Jim O’Callaghan.

Opening the student’s case on Tuesday, barrister Sarah Jane Hillery said her client was still in Gaza today, living in “what remains for her home” following Israel’s assault on the region.

Ms Hillery, instructed by Phoenix Law, said that the only reason the student 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 unlawful for various reasons, including that the student met various criteria required for the granting of a visa.

Ms Hillery 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.

Counsel submitted that certain documentary requirements, including relating to bank statements, are irrational — with regard to the destruction of infrastructure in Gaza.

The State is opposing the student’s judicial review challenge.

Earlier this month, four Palestinian students who were refused visas settled legal actions, after Mr O’Callaghan 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.