Language schools warn of closure threat in court row over visas for foreign students

High Court hears that Erin College, with centres in Dublin and Cork, and a second school, Limerick Language Centre, could face closure if they are not restored to the Department of Education's ELIP

In the High Court, Ms Justice Denise Brett granted an interim injunction staying departmental decisions relating to both colleges but said she would insist on the appointment of an independent accountant to make further investigations into the refund fees of both companies. Stock picture

Erin College, a school which has English teaching outlets in Dublin and Cork, has been ordered by the High Court to maintain an “untouchable bank account” for the protection of refunds of fees paid up front by foreign students unable to obtain visas to attend classes here.

Barrister Eoin Morris told Ms Justice Denise Brett yesterday that Erin College and a second school, Limerick Language Centre, could face closure if not restored to a Department of Education English Language Interim Programme (ELIP) that allows them sell English courses to foreign students requiring study visas.

Mr Morris, who appeared with Martin Moloney of MP Moloney Solicitors for both colleges, said it was alleged there had been a huge increase in the refusal of study visas, which led to many students being unable to get into Ireland to take up classes they had already paid for.

He told the court the Department of Education had dropped both colleges from the ELIP scheme on the basis it was dissatisfied with their handling of refunds to students not granted study visas by the justice minister.

Both schools had failed in double-barrelled appeals against the education minister’s decision. Mr Morris said both colleges were seeking to judicially review both ministers and were seeking interim injunctions against them together with stays on the decisions keeping the colleges from further participation in ELIP.

The applications were opposed by Tony McGillicuddy SC, for both ministers, insisting on strong financial restrictions to protect students’ unpaid refunds which, in the case of Erin College, had amounted to in the region of €74,000, until a full trial of the proceedings.

Lucas Finelli, a Barcelona-based director of Erin College, which allegedly owed by far the highest estimate of refunds, stated in written evidence that the college, which is registered at 43 North Great George’s St, Dublin, had operated in English-language education for more than 15 years.

He said the refusal of visas to students pre-registered on Erin’s courses caused significant difficulties for the operation of the business.

“The numbers of visa-refused intended students has increased significantly and dramatically from 33 in 2023 to 456 in 2025 and has caused significant cash flow issues,” he stated.

The scale and concentration of that increase had been wholly unexpected and the timing suggested there had been a material change in the department’s approach to such applications, generating an exceptional volume of refund claims that had not been anticipated.

Mr Finelli stated that the potential course-fee refunds amounted to €952,563, which was equivalent to 28.82% of Erin College’s gross income of €3.3m for the period of June 1 to December 31, 2025.

Agency-sourced payments on behalf of students had not remained safeguarded.

Evidence on behalf of Limerick Language Centre, which is registered at Kylemore House, 16 Upper Mallow Street, was presented to the court by the company’s sole shareholder and director, Sharif Ahmed Sarker, Belmont Apartments, Gardiner Street, Dublin.

Mr McGillicuddy said there were ongoing concerns in relation to the Limerick Language Centre, located at Kylemore House, 16 Upper Mallow Street, and there had been several further complaints in relation to it since the issuing of proceedings.

Judge Brett said while she would grant an interim injunction staying the departmental decisions relating to both colleges, she would insist on the appointment of an independent accountant to make further investigations into the refund fees of both companies and prepare a report for the court. 

In the case of Erin College, the judge also ordered the setting up of a separate “untouchable” account into which the €74,000 which counsel stated was available for the repayment of refunds was to be lodged.

Mr McGillicuddy said both of his clients were insisting on an early hearing of the proceedings, preferably by mid-September at the latest.