The High Court has overturned a decision by the Minister for Justice to deny a study visa to Shaymaa Abudalu, a student from Gaza who has been offered a fully funded place on a four-year Engineering degree at University College Cork. The court ordered that her application be reconsidered within ten days.
In a judicial review, Mr Justice Anthony Barr found "significant and demonstrable errors on the part of the decision maker". The errors included a failure to consider documentation submitted by Ms Abudalu, such as a financial summary form and evidence of her English proficiency. The judge ruled that these were not minor errors and were a substantial part of her case. He also said the usual appeal process would not be completed in time for her to take up her college place should her appeal succeed.
The court heard that Ms Abudalu's mother, two sisters and brother were killed in an Israeli missile strike in March 2024. Her grandparents, aunt and other relations also died. She was buried under rubble beside her sister's body and was unable to walk for over a month due to injuries. Despite this, she obtained 96.7% in her final school exams.
Representing Ms Abudalu, barrister Sarah Jane Hillery argued that there had been a "complete change" in how study visa applications from Gaza are considered. Previously, applications were processed by the Irish embassy in Tel Aviv with some flexibility, but this year processing moved to the Department of Justice, leading to a dramatic increase in refusals. She said that requirements such as bank statements did not account for the collapse of Gaza's banking system, and that relying on them was "entirely irrational".
Ms Hillery said the reasons for refusal were "generic" across 27 of this year's refusals, including a claim that she had not submitted a financial summary form when she had. She noted that government figures had promised to deal with study visa applications "speedily and sympathetically" and with a "compassionate approach".
Senior Counsel Eoin Carolan, for the Minister, acknowledged the errors but said other reasons for refusal remained valid, including a lack of required bank statements, insufficient evidence of academic ability, and no evidence of strong ties to Palestine to ensure return after study. He argued that Ms Abudalu had not demonstrated her primary purpose was study and that she would return home. He also said there was no "legitimate expectation" that Palestinian students would be exempt from visa guidelines.
The judge ruled against the claim of legitimate expectation but found the errors in the decision-making process meant the refusal could not stand. He noted that the refusal would also prevent Ms Abudalu from taking up a scholarship at another university in the UK.