Language schools succeed in legal challenge to new regulations

Two English language schools catering for non-EU students have succeeded in their legal challenge against new Government accreditation requirements.

Academic Bridge Ltd and the National Employee Development Centre Ltd, both based in Dublin and employing a total of 17 people, claimed they could be put out of business under a new system due to come into operation on January 1st. The new regulations would severely limit their ability to recruit non European Union/European Economic Area students, it was alleged.

They claimed the Minister for Justice had last September announced changes to the accreditation system without having the lawful power to do so.

They mounted proceedings against the Minister and the Qualifications and Quality Assurance Authority of Ireland (QQI), which operates the accreditation system.

The system, which was due to come into force on January 1st 2015, was to be operated by the QQI under proposed legislation due in either 2015 or 2016. In the meantime, the Minister set up an interim accreditation system whereby an “internationalisation register” was set up.

The schools brought proceeding after they both failed to secure accreditation, claiming the new rules were too restrictive and rigid, the Minister had acted outside her powers and the proposed accreditation system has no basis in law.

The court previously heard the schools have been operating courses for students outside the EU/ EEA and are in good standing with all the authorities.

The schools also said they have been in full compliance with all immigration rules in a highly competitive English language school market whereby students are granted visas to come here to learn the language and work part-time.

The respondents had denied the claims.

Ms Justice Marie Baker found the Minister for Justice had "unduly fettered her discretion in limiting the set of bodies or persons that maybe eligible for inclusion on the interim list."

The QQI has no power to operate or manage the system of accreditation for the purpose of admission onto that list, the judge said. The QQI may have a contractual power concerning for a more limited and voluntary scheme of recognition, she added.

The judge adjourned the matter to later this week before making final orders in the case.