Martin Ferris (Kerry North, Sinn Fein)
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Question 166: To ask the Minister for Justice, Equality and Law Reform if he has received correspondence in relation to a person (details supplied); and the reason they were denied repatriation. [22511/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person referred to by the Deputy has made four separate applications for transfer to a prison in this jurisdiction under the Council of Europe Convention on the Transfer of Sentenced Persons, all of which have been refused after careful consideration. In refusing the person's latest application for transfer, I believed that, on balance, he had closer ties to the United Kingdom than to this jurisdiction. In particular, I was not satisfied that he would not normally be resident in this jurisdiction, were it not for his imprisonment. In addition, I was of the opinion that he does not have sufficient family support residing in this jurisdiction.

The Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right on any prisoner to be transferred nor does it confer an obligation on any state to comply with a transfer request. This is clearly set out in the Explanatory Report to the Convention.