The High Court heard on Monday that the Minister for Justice's refusal of a study visa to a Gazan student is unlawful and should be overturned, in a lead case for dozens of Gaza students now before the courts.
Shaymaa Abdualu, who scored 96.7% in her final school exams, has a fully funded place on a four-year engineering degree at University College Cork but cannot travel because her visa was refused. According to RTE.ie, her counsel told Mr Justice Anthony Barr that the refusal was irrational and that the appeal route is useless because a decision would not come until September, a year too late for a course that began last month.
A student who lost almost everything
The court heard that Ms Abdualu's mother, two sisters and brother were killed in an Israeli missile strike in March 2024, along with her grandparents, her aunt and other relations. She was buried under rubble beside the body of one of her sisters for hours and could not walk for more than a month after her injuries. She and her father are the only surviving members of her immediate family.
A little over a year later, she sat her final school exams, the equivalent of the Leaving Certificate, and achieved 96.7%.
In an affidavit read in court, Ms Abdualu said she wants to study engineering so she can return to Palestine to rebuild her country, and to honour a family who will never see her achieve her hopes and dreams.
What changed in the visa system?
Barrister Sarah Jane Hillery, instructed by Phoenix Law, told the court there had been a complete change between last year and this year in how the State handles study visa applications from Gaza. Students on Government scholarships had visas approved, she said, while those funded by universities and private sources were being refused.
Ms Hillery said that in the previous two years decisions were made by the Irish embassy in Tel Aviv, where some administrative and documentary requirements were relaxed. This year processing moved to the Department of Justice in Dublin, a shift she said coincided with a dramatic rise in refusals.
She argued this stricter practice was an unlawful change made without notice, and one that sits badly with Government statements promising to deal with Gaza applications speedily, sympathetically and with a compassionate approach.
Generic refusals and a collapsed banking system
Lawyers said the grounds for refusal were generic across 27 of this year's rejections. Every single one cited a failure to show strong evidence the student would return home after their course, they said, which contrasts with the department's claim that each application is judged on its merits.
The rejection of Ms Abdualu's application included a claim, described by her legal team as a clear error, that she had not submitted a completed financial summary form, when in fact she had. Her lawyers also argued that a demand for bank statements ignored the complete collapse of Gaza's banking system.
She is not seeking a handout from the state. Her scholarship is fully funded and she is not seeking an exception to the rules.
The charity Gaza Scholarship Initiative said in an affidavit that in 2024 and 2025 Irish embassy staff in Tel Aviv waived some requirements because of the students' exceptional circumstances, and that an expedited process in 2025 saw every application it was aware of succeed. This year, the court heard, that practice was abandoned.
A wider pattern of Palestinian visa refusals
The case does not stand alone. The Irish Examiner reported that Palestinian students are more likely to be refused an Irish visa than students from any other country, with some told they had submitted insufficient documentation of previous education or work. The Ditch found that more than half of Palestinians were denied long-term visas in the first eight months of 2026, a refusal rate of 58.8%, up from 8.9% in 2025, while the rate for all other nationalities barely moved. The Irish Times has also reported on a Gaza student with a UCD scholarship refused a visa for financial reasons despite full funding.
What happens next?
Mr Justice Anthony Barr will hear from lawyers for the Minister for Justice on Tuesday. He indicated he hopes to give a determination next week. Because Ms Abdualu's case is the lead file, the ruling could shape the outcome for the dozens of other Gaza students seeking judicial review of refusals this year.
Frequently asked questions
Who is Shaymaa Abdualu?
She is a student from Gaza who survived an Israeli missile strike in March 2024 that killed her mother, two sisters, brother, grandparents, aunt and other relations. She scored 96.7% in her final school exams and holds a fully funded place in engineering at UCC.
Why was her study visa refused?
The refusal cited, among other generic grounds, a failure to show she would return home after her studies and an alleged missing financial summary form, which her lawyers say was in fact submitted. They argue the refusal ignored the collapse of Gaza's banking system and her exceptional circumstances.
Why is her case before the High Court?
Her lawyers argue the refusal is unlawful and irrational and that an appeal would not be decided until September of next year, too late to take up her UCC place. The High Court is treating her case as the lead among dozens of similar challenges.
When will the court decide?
Mr Justice Anthony Barr will hear the State's side on Tuesday and said he hopes to deliver a determination the following week.