Shaymaa Abudalu was denied a long-stay student visa by the minister for justice in July, after receiving a fully-funded place at University College Cork (UCC), on the grounds that insufficient documentation had been submitted.
However, the High Court heard on October 27 that the decision-maker had failed to consider evidence of Abudalu’s English proficiency and a financial summary form that she had submitted.
Justice Anthony Barr ruled in court on Tuesday that “significant and demonstrable errors” had been made by the Department of Justice in the refusal.
The judge ruled that it was not appropriate to let the refusal stand, stating the errors “are not minor”. He ordered that her application be reconsidered, with a fresh decision made within 10 working days.
The order was stayed until Thursday, following a request by the State.
Judge Barr also said that a statutory appeal to the visa refusal was not suitable as the decision would not be determined until September 2027.
Alannah Faulkner of Phoenix Law, representing Abudalu, said in a statement: “The court has set a clear timeframe for a fresh decision so that she can be on the evacuation flight on November 23 and take up her place at UCC this year. We now look to the minister to act swiftly and in the spirit of the court’s judgment, so that this young woman can finally begin her studies in safety.”
While the State acknowledged there had been errors in the decision-making process, it argued that they should not invalidate the refusal for a number of reasons.
“It was entirely reasonable for the decision-maker to say I’m not satisfied,” said State representative senior counsel Eoin Carolan.
Carolan said the applicant, who lives in Gaza, had failed to provide bank statements, which are required of all study visa applicants.
Abudalu accepted in her affidavit that she had not submitted the required bank statements, explaining that her four-year engineering degree was fully funded by UCC.
Her legal team argued that the requirement failed to take into account the collapse of the banking system in Gaza and that many students do not have access to all of their personal information.
“In the face of what is recognised and accepted as happening in Gaza and in the face of confirmation from UCC that all costs will be met, [to request and rely on the submission of bank statements] is entirely irrational,” barrister Sarah Jane Hillery, instructed by Phoenix Law, told the court.
The court had previously been told that many of Abudalu’s immediate family members had been killed in an Israeli air strike in March 2024, where only she and her father survived. Over a year later, the applicant, described as being “exceptional”, achieved a score of 96.7% in her final school exams.
The minister’s lawyer also said it was not clear that her primary reason to come to Ireland was for the purpose of study and that she would return to her home country after completing her studies. Her lawyers said this reasoning was common to every single rejection.
The ruling comes after an open letter, initially signed by a dozen signatories, including musicians and entertainment figures such as Kneecap, Hozier, Aisling Bea and Siobhán McSweeney, called on Taoiseach Micheál Martin to intervene on behalf of 55 Gazan students refused study visas.
“Ireland has condemned the obliteration of Gaza’s education system and vowed to help,” the letter read.
“They are not taking anyone else’s place. They passed rigorous academic checks, secured fully funded scholarships, and passed university vetting. They provided every document available to them in a warzone, and yet the Minister for Justice is refusing to grant them study visas.”
They are not taking anyone else’s place. They passed rigorous academic checks, secured fully funded scholarships, and passed university vetting. They provided every document available to them in a warzone, and yet the minister for justice is refusing to grant them study visas.
Open letter to Taoiseach Micheál Martin
“I am so grateful to the court and to everyone who has stood by me. Through everything I have lost, my studies have kept me going. I hope that very soon I will be able to leave Gaza safely and continue my studies, and make my family proud,” said Abudalu.
Abudalu’s case is just one of many Palestinian students who have had their applications for study visas rejected by the Department of Justice this year.
Data shows a sharp rise in Palestinian student visa refusals, from 22 in 2025 to 115 between January and September 2026. Over the same periods, 164 and 145 applications respectively were received.
Almost half of those refused are from the Gaza Strip, according to the Irish Examiner.
Lawyers for Abudalu argued that this dramatic rise in refusals coincided with visa-processing responsibilities moving to the Department of Justice in Dublin.
Her lawyers said Palestinian study visa applications had previously been processed by the Irish Embassy in Tel Aviv, where they claimed officials did not insist on “strict adherence to the documentary requirements”.
They said that previous announcements made by members of government, including the minister for justice and the Taoiseach, suggested that applications would be dealt with “speedily and sympathetically”, with “a compassionate approach” adopted.
Judge Barr held that the applicant had not established there was cause for a “legitimate expectation” that Palestinian students did not have to comply with the guidelines regarding supporting evidence.
While the judicial review focused on her case, Abudalu’s lawyers hoped the outcome would clarify issues for other students, potentially affecting 38 similar lawsuits.
