‘Golden Visa’ Exclusion Costs Kerry GAA €27m

In a dispute with the Justice Minister, the Kerry GAA has launched a High Court challenge. The issue in question is the Minister’s refusal to include Kerry GAA’s application in the now obsolete Immigrant Investor Programme (IIP), which once allowed non-EEA nationals, who invested in certain initiatives, to gain visas for residency in Ireland.

The association fears that the lack of inclusion in the scheme will potentially lead to a loss of approximately €27 million, comprising previously pledged donations towards FitzGerald Stadium’s renovation in Killarney. Additionally, the group claims that €11.6 million in newly identified donations are also at a risk due to the Minister’s decision.

The investor initiative, otherwise known as the Golden Visa Scheme, was discontinued in February last year. Kerry GAA’s legal action represents one of several cases filed by voluntary groups that are currently ongoing in court.

Kerry GAA has stated that they had put forward two proposals related to their plans to build a ‘centre of excellence’ and renovate FitzGerald Stadium before the scheme was revoked. There has been activity on this broad project since 2022.

Interestingly, the application for their centre of excellence was filed before the Government announced the scheme’s termination.

Regarding the application for the stadium, Kerry GAA claims they had successfully attracted a lead investor willing to generously donate to a project involving arts, culture, sports, or education in Ireland. However, following the Government’s decision to terminate the scheme, Kerry GAA was forced to quickly submit the second phase of their plan on February 15th last year.

Their main investor reportedly had involvement in another project but was willing to be the primary investor for the stadium refurbishment.

However, in January, Kerry GAA’s application concerning the stadium was rejected by the Minister. The given justification was the absence of a “valid investor application,” making it impossible to progress the matter. The Minister’s decision further clarified that an investor in the scheme must be new and not someone looking to transfer from another project. Investor transfers between projects are only allowed if at least one investor already exists in the project receiving the investment.

Kerry GAA argues that the verdict should be dismissed, believing it to be unjust, inequitable, and violating its legitimate presumptions that their submission would get approval. It alleges that for the first time in the programme’s history, the Minister altered the criteria, using it as a reason to deny the prospective participant’s inclusion.

In its lawsuit against the Minister, Ireland, and the Attorney General, Kerry GAA is seeking varied orders and reliefs, including a court order to repeal last January 24th’s ruling determining its application as ineligible. Additionally, Kerry GAA is requesting for statements asserting that the decision lacked legal authority, jurisdiction, was unreasonable and contravened Irish Constitutional rights, and the European Convention on Human Rights in relation to Kerry GAA’s entitlement to legitimate presumption.

In an attempt to recover the lost donations and expenses resulting from the Minister’s decision, Kerry GAA is also pursuing damages. Mr Justice Garrett Simons, who expressed certain reservations about the application, heard the case on Monday. He adjourned the application, instructing Kerry GAA’s attorneys to provide more supporting documents for the application during the subsequent court session later this month.

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