Minister opposes Gaza student’s challenge over refusal of visa to study at Trinity

The State is opposing a legal challenge over the Minister for Justice’s refusal to grant a visa allowing a student from Gaza to pursue a fully-funded engineering scholarship at Trinity College Dublin (TCD). Almost 30 challenges similar to that by Hafez Alrayyes are being prepared on behalf of students who are still in Gaza, the High Court was told on Monday by senior counsel Blinne Ní Ghrálaigh.Appearing with barrister Eamonn Dornan, instructed by Phoenix Law, Ní Ghrálaigh asked for an urgent hearing of Alrayyes’ application for leave to challenge, via judicial review proceedings, the July 15th refusal to grant a visa to take up a five-year funded scholarship to study engineering at TCD. He also wants the Minister to prioritise the hearing of his appeal over the refusal.READ MOREThe refusal was for reasons including that the 20-year-old student, with an address in Gaza City, was unable to provide original documents as part of his visa application. It is argued that the civilian infrastructure that would allow Alrayyes to go to a bank or post office to get such documents no longer exists in Gaza. The Minister’s stance is irrational, unreasonable, disproportionate, discriminatory and fails to react to the necessary urgency of the situation, the student’s legal team claimed.Although his place and course are fully funded by TCD, the student was required to provide an up-to-date six-month personal bank statement, it is claimed. Among various arguments, it is claimed there was no “rational engagement” with the “comprehensive and independently verifiable” funding package and his situation should also be assessed in circumstances including his familial obligations as the sole male member of his immediate family and his desire to use his education and learned skills to rebuild Gaza.Counsel for the Minister opposed the application and asked for time to file documents and to respond to an amended statement of grounds and other materials.The engineering course started on September 14th, but TCD has indicated it will hold a place for Alrayyes until November 2nd, counsel said.Judge Conleth Bradley was told there have been developments since the proceedings were initiated and Alrayyes is currently in Spain after being offered a position on a course there. He still wishes to study in Ireland and to proceed with his challenge in the Irish courts over the handling of his visa application, the court heard. The judge indicated that a telescoped hearing, involving the application for leave to bring the judicial review challenge being heard in tandem with the full case, might be the best means of dealing with the matter.Ní Ghrálaigh said her side was not opposed to a telescoped hearing but would be seeking an injunction, to apply pending the determination of the full case, requiring the Minister to prioritise, consider and determine her client’s appeal over the visa refusal. This was sought in the context of her client’s place on the course being held until November 2nd and concerns about the possibility of appeals against a High Court decision. Noting the threshold for leave to be granted is a low one, in that the applicant has to establish “arguable” grounds, the judge made directions for the exchange of legal documents and returned the matter for mention to next week. The High Court can do nothing about the impact of appeals, he added.Ní Ghrálaigh said her client is among more than 100 students who have been denied visas. She said she would be filing similar applications on behalf of at least 28 students still in Gaza, but noted it takes time to arrange for them to get out of there. The same issues arise in all the cases, which she said highlighted the need for expedition of her client’s hearing.