High Court challenge for justice minister over Gazan student’s visa refusal

Sinead Marmion, a partner in Phoenix Law, said justice minister Jim O'Callaghan is being asked to 'simply reverse his position and allow a visa for their client'. File picture: Brian Lawless/PA

The High Court will today hear a legal challenge against justice minister Jim O’Callaghan by a Gazan student granted an Irish scholarship but denied a visa to travel here.

The case is being taken by Belfast firm Phoenix Law on behalf of Hafez Alrayyes, a 20-year-old Gazan student who had been awarded a fully funded scholarship to study engineering in Trinity College Dublin.

He had been due to begin his course last Monday but was told in July that his visa had been refused.

The challenge will seek leave to apply for a judicial review of the decision to refuse Mr Alrayyes a visa to take up his scholarship.

Sinead Marmion, a partner in Phoenix Law who heads the firm’s immigration and asylum department, said the refusal to grant Mr Alrayyes a visa had been based on his being unable to provide original documents as part of his visa application.

She said that after almost three years of bombardment of Gaza, the infrastructure for Mr Alrayyes to be able to go to a bank for official statements or to a post office to send documents simply did not exist.

“The minister, we say, is well aware of these practical difficulties and has simply ignored them in the context of students’ applications,” Ms Marmion said.

Referring to Ireland’s 2025 intervention in South Africa’s genocide case against Israel at the International Court of Justice, Ms Marmion said it was “an unignorable irony” that the State did not recognise the day-to day impediments created by that genocide.

She said a judicial review was being sought on the grounds “in our view that the minister’s position is irrational, unreasonable, and fails to react to the necessary urgency of our client’s situation and is discriminatory”.

Mr Alrayyes’ scholarship includes fully funded course fees, accommodation, an annual stipend, and educational and welfare supports.

Ms Marmion said Mr O’Callaghan “is asked to simply reverse his position and allow the visa for our client who is highly motivated to learn skills to be able to rebuild his life and his country with those necessary skills”.

More than 100 Gazan students refused visas

Mr Alrayyes is one of more than 100 Gazan students who have been refused visas this year, 35 of whom are represented by Phoenix Law and most of whom have lodged appeals.

Despite refusing so many visa applications this year, the Department of Justice is currently inviting applications for next year.

Last week, the Department of Justice told this newspaper it would not be prioritising visa appeals lodged by Gazan students.

“While the concerns expressed by the students involved are understood, visa appeals are processed in a manner that is fair to all applicants.”

A spokesperson said appeals were being progressed “as quickly as possible” and decisions would be issued as soon as full consideration had been given to each case.

“Visa appeals are dealt with in chronological order to ensure fairness to all applicants ... (they) cannot generally be prioritised ahead of others that are awaiting consideration.”