Stephen Kirwan, Partner2022-07-15T10:39:37+01:00

Stephen Kirwan, Partner

Stephen graduated from Trinity College Dublin with a Bachelor of Laws (LLB) in 2012. He joined KOD Lyons Solicitors in 2013, qualifying as a solicitor having completed his traineeship with us. He now works in our Immigration and Public Interest law teams. He is the Vice Chair of the Law Society Human Rights Committee, is the lead lecturer on the Tort Law Module on the Diploma in Law in the Law Society and also guest lectures on the Certificate in Immigration Law and Practise.

He has wide experience and expertise in the following areas:

Immigration Services: Stephen offers clients comprehensive advises on all immigration related matters ranging from advice on immigrant investor and entrepreneur visas, general and critical skills employment permits, intra-company transfers, family immigration permissions, naturalisation, Irish Citizen child, international protection and general permission to remain applications. Stephen currently lectures on the Certificate in Immigration Law and Practice Course run by the Law Society.

Legal, Commercial and Legislative Drafting and Publications: Stephen has extensive experience in drafting and advising on deeds of partnership for companies and multi-disciplinary professionals in the healthcare sector, in drafting deeds of trusts and contracts for a variety of charities and in drafting independent contractor agreements. In addition, he has been the primary draughtsman on a number of Private Members Bills including most recently the Education (Amendment) Bill 2016 and the Child Care (Guardian Ad Litem Bill) and Regulations 2015. He has also had a number of peer and non-peer reviewed academic publications in a variety of areas including EU competition law, penal law and policy, public international law and human rights law.

Employment Law Company Advises and Charities Advisory Work: Stephen has experience in advising on company set-up and ancillary services including company registration, drafting shareholders agreements and representing companies before the District Court in respect of late filing of annual returns. He also works close with a number of charities and has advised on compliance with the Charities Regulator/Charities Act 2009 and queries which have arisen in relation to GDPR and Garda Vetting.

Oral and Written Representations before Quasi-Judicial and Administrative bodies: Stephen has extensive experience representing clients before administrative, statutory and quasi-judicial tribunals both orally and in writing including the Social Welfare Appeals Office, the Valuation Tribunal, Section 29 Educational Appeals Committees, Data Protection Commissioner, Information Commissioner, The Revenue Commissioner, Garda Siochana Ombudsman Commission, International Protection Office, the International Protection Appeals Tribunal, Royal College of Surgeons Ireland Disciplinary Tribunal and Appeals Committee, the Irish Womens Football Appeals Committee and the Work Place Relations Commission.

Sports Law: Stephen has a keen interest in sports law and has previously published articles on the topics of EU competition regulation of football intermediaries and the influence and effect of EU Regulations on crowd control. He has experience in advising and has been involved in advising registered football intermediaries and players in respect to disputes regarding to FIFA solidarity and compensation payments and player employment contracts. He has also advised a number of football players on the terms and enforceability of intermediary agreements and commercial sponsorship/endorsement deals and has represented players and managers before internal disciplinary bodies including the Irish Womens Football Appeals Committee.

Judicial Review and Strategic Litigation: Stephen specialises in public administrative law and has particular experience in bringing successful judicial reviews and statutory appeals against a host of public authorities in the Superior Courts including TUSLA, the HSE, the Minister for Justice, Disabled Drivers Appeals Board Irish Naturalisation and Immigration Service, the Irish Prison Service and the Minister for Employment and Social Protection, the Social Welfare Appeals Office, the Irish Blood Transfusion Service, the Department of Education and the International Protection Appeals Tribunal. Some of the cases he has been involved with include:

-Haroon vs Minister for Justice Equality and Law Reform [2018] IECA and C-169/18

-Voican vs Chief Appeals Office [2020] IEHC 258 C-488/21

-PAF (Nigeria) vs International Protection Appeals Tribunal [2019] IEHC 204

-AP vs Minister for Justice and Equality [2019] IESC 47

-Dooley and Owens vs DPP [2019] IESC 36

-Reeves and Lennon vs Disabled Drivers Board of Appeal [2020] IESC 31

-Stan vs Chief Appeals Office [2020] IEHC 548 and C-3/21

-Gorry vs Minister for Justice and Equality [2020] IESC 55

-Landsberg and Breetzke vs NDLS [2021] IEHC 748 

-Steed (no 1) and others vs Minister for Children 2021/267/JR  

-Steed (no 2) vs Minister for Children 2021/786/JR   

-Avello vs Minister for Justice and Equality 2021/462/JR

Public Interest Law, Wardship and Equality/Human Rights Litigation: Stephen has also worked before the courts in a non-judicial review capacity representing and assisting in representing many vulnerable clients before the Superior Courts in particular those in the Ward of Court and the Minors Lists. He has also represented members of the LGBT community, children with disabilities, vulnerable young adults, members of the Roma and travelling communities and foster carers in a variety of applications before the District Court. Stephen has published articles and assisted in preparing policy documents on a variety of public interest law issues and topics including: LGBT rights, cyber-bullying, community economic development law, immigration and asylum law, international humanitarian law and penal and immigration policy reform. Stephen was appointed to the Human Rights Committee in the Law Society in 2019 where he works on access to justice issues.

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