The decision of the Garda National Immigration Bureau to renew the visa of international student Erin Britton has been welcomed by the Immigrant Council of Ireland, which represented Ms Britton in court. However, it has been slammed by Labour TD Michael D Higgins, who hit out at the Government's inconsistency on the issue.

Labour TD Michael D Higgins.

"Of course I am delighted for Erin and her child but unfortunately I got a written answer from both Minister for Justice Brian Lenihan and Minister for Education Mary Hanafin, and they both emphasised that they are addressing this case as an exceptional measure," said Deputy Higgins.

"This solves the problem for Erin Britton but we are still left with the main problem. In the replies I received, they said that if they lifted the condition they would be granting fewer student visas. The issue still arises as to whether this is unconstitutional. The Government has a pattern of settling individual cases on the steps of the court, and they made Erin Britton go as far as getting a judicial review of her case ? it's a deplorable attitude."

Irish immigration officials previously refused to renew Mrs Britton's permit unless her son was taken out of a State primary school and enrolled in a private school. ICI senior solicitor Hilkka Becker represented Mrs Britton in the High Court on Monday, 17 December, where leave was granted to apply for a judicial review of the decision not to renew her permit.

Mrs Britton received a phone call from the GNIB on Tuesday of that week, telling her that her permit would be renewed.

Ms Becker said the ICI hopes the Government will now take the same "common sense" approach to other international students in a similar position.

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