Courts

Mayo GAA club challenges rejection of request for inclusion in cash-for-visa scheme

Investor included in an application must be new and not linked to another project, notes Minister’s representative

Islandeady GAA Company Ltd says it incurred costs of €25,000 as part of its application to be included as part of the Immigrant Investor Scheme. Photograph: iStock
Islandeady GAA Company Ltd says it incurred costs of €25,000 as part of its application to be included as part of the Immigrant Investor Scheme. Photograph: iStock
Aodhan O'Faolain
Wed May 15 2024 - 19:49

A Co Mayo GAA club has brought a High Court action challenging the Minister for Justice’s decision to reject its application to be included in the Immigrant Investor Programme.

The action has been brought by Islandeady GAA Company Ltd in respect of an application it made to the Minister under the “golden visa” scheme that had, before it was scrapped last year, allowed non-EU nationals who invested in various projects to secure a right to reside in Ireland.

The club, founded 120 years ago, said that it had attracted an investor through what was known as an endowment project, which had a minimum of €500,000 donated to benefit areas such as the arts, health, education and sport in Ireland.

The club claims it had lined up an investor, Yihaun He, whose contribution would have allowed it to develop its clubhouse and facilities for the benefit of the local community.

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The investor, the club claims, had initially made an application under the scheme where he identified a different project that would have received his funds. It is claimed that the investor subsequently decided the Mayo club should be the beneficiary of the proposed endowment.

The club says its proposal was supported by the local community and that it incurred costs of €25,000 as part of its application to be included as part of the scheme. The club made an application for inclusion in the scheme in February of last year. Shortly afterwards it was announced that the scheme was being discontinued, but all applications submitted before the closure date would be considered.

The club claims it was informed last January that its application had been unsuccessful and that no valid investor application had been submitted.

A representative for the Minister said that, under the scheme’s guidelines, any investor included in an application must be a new investor rather than already being connected to another project.

Transfers of investors between projects were only allowed where there was at least one investor already in place concerning the receiving project and where all relevant parties consented to the transfer. This, the Minister’s representative said in correspondence to the club, was “not the case” with its application.

The official added in further correspondence that no letter agreeing to the transfer of the investor from parties involved in the other project had been submitted by the Co Mayo club as part of its application to be included in the scheme.

The club says it is at a loss as to why its application was refused and the decision seems to be based on rules and criteria that it claims were formulated after the scheme was closed. The club claims the treatment of its proposal as an application by the Minister is not justified.

As a result, the club has brought High Court judicial review proceedings where it seeks orders quashing the Minister’s decision and that its application under the scheme be deemed eligible for consideration.

It also seeks declarations including that the club has a legitimate expectation that its application would have been deemed eligible for consideration. and ultimately approved.

The matter came before Ms Justice Niamh Hyland who, on an ex parte basis, granted the club permission to bring its challenge. The matter was adjourned to a date next month.