Solicitor claims firm 'jeopardised' by alleged decision to pause 'golden visas'

High Court reporters

A solicitor has claimed in the High Court that his firm has been jeopardised by the Department of Justice’s purported decision to pause the processing of his applications to the Government’s controversial Immigrant Investor Programme (IIP).

The IIP “golden visa” scheme allowed non-EU foreign nationals who invested large sums of money in various projects to secure visas allowing them to reside in Ireland. The Government scrapped it abruptly in 2023.

Solicitor Jonathan Cosgrove is seeking various reliefs in the High Court, including an order for the quashing of the Department of Justice’s purported decision “pausing, prohibiting or otherwise interfering” with the processing of applications to the IIP scheme made by him on behalf of various clients.

Mr Cosgrove, the principal solicitor at Aidan T Stapleton Solicitors, Mary’s Abbey, Dublin 7, claims the level of harm posed to his practice by the Department’s decision is “serious and potentially existential”.

Ms Justice Mary Rose Gearty on Monday granted Mr Cosgrove leave to continue with his judicial review proceedings.

In court documents, Mr Cosgrove alleges that he received a November 15th, 2024, email from a Department of Justice official, informing him that the department had been made aware of a complaint made to the Legal Services Regulatory Authority in relation to his practice “and its involvement with the IIP”.

The email went on to state that the department would be pausing the processing of “all Aidan Stapleton Solicitors IIP applications” while the investigation is ongoing.

Mr Cosgrove says that this email did not explain the basis for or reasoning upon which this decision was made.

In his ground affidavit, Mr Cosgrove says that he believes that decision “appears to be connected” to a complaint made to the LSRA made by a named individual, regarding investments made in a company.

Mr Cosgrove goes on to state his belief that this complaint has also been raised with An Garda Síochána, but that his practice has not been ed by gardaí in relation to it.

Mr Cosgrove says that he “fully rejects” complaints made about him.

Mr Cosgrove says that as a result of this decision, his commercial interests have been “jeopardised”, and he has suffered a loss of income. He says that a “very significant part of the practice and income” of his firm is drawn from the IIP.

Mr Cosgrove further states that the adverse effects of the Department’s decision are “grave”, and that he has been losing clients to a competitor solicitor firm. “The level of harm to the firm, its practice and staff, is serious and potentially existential,” he says.

Appearing for Mr Cosgrove, Padraic Lyons SC said: “We’re baffled as to why this position [by the Department] is being taken.”

The Minister for Justice, the State and the Attorney General are named as co-respondents in the judicial review action.

Ms Justice Gearty adjourned the case to next month.