The Justice Minister is contending with numerous High Court disputes initiated by entities arguing unjust mishandling of their applications to be part of the Immigrant Investor Programme (IIP), which has since been disbanded. Through the “golden visa” initiative, non-European Union international individuals could obtain Irish residency visas by making substantial financial contributions to diverse ventures. The programme was abruptly abolished by the Government in 2023.
The clashes due before the court on Monday are the latest in a suite of High Court proceedings initiated by applicants who submitted their IIP applications prior to its discontinuation but were not included in the scheme.
The “Church on Main Street CLG”, an organisation with Christian affiliations, and The Naas Rugby Football Club, have individually instigated similar judicial review claims against the Minister.
On Monday, the court learnt that the Church on Main Street obtained an investor via the IIP to finance the procurement and refurbishment of a building in Naas, formerly known as the Dara Cinema, which is presently being used as a food bank and a drop-in centre.
The Naas Rugby Football Club procured an investor to enhance its changing facilities, establishing a fresh 4G pitch and developing an area for mixed-ability and mini-rugby groups.
Each of the investors had committed to contributing at least €400,000 as charitable donations to so-called endowment projects, focused on areas such as arts, sports or education within Ireland.
Unfortunately, the claimants were informed by the Minister that their proposed projects were deemed ineligible. The requisites stipulated that eligible investors had to be new contributors unattached to other projects.
The Minister also alleged the applicants did not adhere to the IIP’s criteria relating to the migration of investors.
The claimants contend that the Minister’s rejections were not valid and their submissions were compliant with the IIP’s regulations. They argue that the programme permitted the creation of endowment projects that allowed investors to become associated with the schemes and shift between various projects.
The applicants, represented by attorneys Conor Power SC and Denis Collins, assert that the Minister’s refusal to accept their submissions is a breach of their legitimate expectations. They level accusations against the Minister, stating that his decisions are biased and arbitrary, in violation of fair practices and natural justice. They intimate that the Minister did not provide a valid explanation for the denial of their applications.
In connection with their lawsuit against the Minister, they demand that the refusal to accept requests under the IIP be overturned. They also insist on an authoritative declaration that the Minister’s refusal to acknowledge their applications has breached the law. In addition, they ask that the Minister be ordered to reexamine their applications.
These cases were presented before Justice Niamh Hyland. She permitted the litigants to pursue their assertions on ex-parte grounds (where only one party was represented). She then postponed the proceedings to a later date in the current month. The nursing home firm, which had received funding from cash-for-visa applicants, was officially dissolved.