Minister to determine Palestinian students’ visa appeals this week, court told

Counsel for the Palestinian students told the court that the Irish refusal was 'trapping' people in Gaza

It follows an offer by minister Jim O’Callaghan to determine the students’ appeals by close of business on Friday. File photo: Niall Carson/PA

Appeals by four Palestinian students against the refusal of visas allowing them to pursue fully-funded Irish university scholarships will be decided by the end of the week, following an agreement between lawyers for the students and the minister for justice.

The High Court was due to hear the students’ judicial review challenges against the refusals this week.

However, Mr Justice Anthony Barr was told on Wednesday the cases had settled following an offer by minister Jim O’Callaghan to determine the students’ appeals by close of business on Friday.

Three of the students are in Gaza, while the fourth is in Spain after being evacuated there with the assistance of the Spanish government. He is pursuing a second choice course in Spain, but his preference is to take up his first choice of an engineering course in Dublin’s Trinity College.

Among the orders sought by the students was one requiring the minister to prioritise the hearing of their appeals, because otherwise the courses could not be pursued this academic year. Normally, such appeals can take over a year to resolve.

Blinne Ní Ghrálaigh, senior counsel for the students, asked the judge for the cases to be adjourned generally, and asked for permission to re-mention the cases if required.

Counsel indicated the possibility of further judicial review challenges if the appeals are unsuccessful.

Counsel who is acting in further cases brought by Palestinian students in similar circumstances, said two of her clients had been refused British visas off the back of the refusal for Irish visas. She submitted that the Irish refusal was “trapping” people in Gaza.

Eoin Carolan, senior counsel for the minister, said there was agreement to the appeals being determined by Friday. He said his side disagreed with certain characterisations of the negotiations between the parties.

The judge made orders noting the minister’s agreement to determine the appeals.

The visa refusals were for reasons including that the Gazan students had not provided original documents with their application.

On their behalf, it was argued the civilian infrastructure for them to go to a bank or post office to get such documents no longer exists in Gaza and the minister’s stance was irrational, unreasonable, disproportionate, discriminatory and fails to react to the necessary urgency of the situation.

More than two million displaced people are living in tents and temporary shelters in Gaza, where an estimated 80% of structures — roughly 200,000 buildings — have been damaged, with about two-thirds of those destroyed, according to the UN agency for Palestinian refugees, Unrwa.

The minister had opposed the actions.