A High Court judge has fixed a lead case involving Gaza-based students seeking visas to study in Ireland for hearing next week, while warning that limited court time could result in the case being lost if further evidence is required.
The proceedings concern Palestinian students from Gaza who secured scholarships to attend third-level institutions in Ireland but encountered difficulties with the visa process.
The students’ lawyers argue that the conflict in Gaza has made it extremely difficult, and in some cases impossible, to obtain the documents normally required for immigration applications.
The State disputes those claims and says applications must be assessed under existing immigration law.
On Friday, Ms Justice Siobhán Phelan directed that the State’s affidavits be filed and served by close of business.
The matter was listed for mention on Monday to determine whether the hearing can proceed before Mr Justice Barr on Tuesday, with two days reserved. Counsel for the State informed the court that the affidavits had been prepared and were awaiting final approval. An apology was offered for the delay.
Ms Justice Phelan emphasised the need for all evidence to be before the court before the hearing begins. She warned that if the students seek to file further affidavits after reviewing the State’s evidence, the hearing dates could be vacated. Given pressure on judicial resources, no assurance could be given that alternative dates would be available.
The court also considered several related cases. Ms Justice Phelan said the purpose of selecting a lead case was to establish legal principles to assist in resolving the remaining proceedings. She noted that, given the number of challenges before the courts, hearing each case
individually within the available time was not practical.
The case returns to court on Monday, when the parties are expected to confirm whether the hearing will proceed as scheduled.