Gardaí have withdrawn a threat to deport Erin Britton, an American student who was recently told she would be sent home unless she removed her son from a Galway national school.
Following an apparent retreat by the Department of Justice, which had recently instructed the Garda National Immigration Bureau not to renew the visas of students whose children were enrolled in State schools, a garda informed Ms Britton by phone on Tuesday that her request for a visa renewal would now be granted.
On Monday, lawyers for Ms Britton were granted leave in the High Court to apply for a judicial review of the decision not to renew her permit.
They argued the Government had acted unlawfully by giving their client no notice of its change in policy on student visa-holders and giving her no opportunity to appeal the decision.
Her solicitor, Hilkka Becker of the Immigrant Council, confirmed that Ms Britton had yesterday received a new residence permit valid until next September. She said she hoped the Government would now take the same "commonsense approach" to other foreign students.
As of last night, a number in the same position as Ms Britton had not been contacted by gardaí to inform them of the apparent policy change.
A decision on whether to withdraw Ms Britton's legal action has yet to be made, Ms Becker added.
Although it was not announced, it is understood a decision was taken by the Department of Justice in recent months to begin a crackdown on student visa-holders who enrol their children in State schools.
The new policy hinges on an interpretation of an existing stipulation that foreign students are expected to be self-sufficient during their stay in Ireland and was informed by a belief some foreign students are coming to Ireland to have their children educated, according to a Government source.
It is also motivated by a desire to avoid a repeat of the crisis over a shortage of school places in north Dublin last September.
Following publicity over Ms Britton's case, however, Minister for Community, Rural and Gaeltacht Affairs Éamon Ó Cuív, on behalf of the Minister for Justice, told the Dáil last week that the Government would relax the implementation of the rules until the end of the current school year.
In a statement, the Department of Education said that, under existing policy, students up to 18 years of age are admitted to primary and second-level schools irrespective of nationality or status.
"Indeed, under the Equal Status Act, schools may not discriminate in admission to schools except where this is necessary to maintain the religious values or ethos of the school," the statement added.