Judicial review refused over refusal to transfer prisoner to open prison due to offence severity and Garda view

The High Court refused an application for judicial review brought by a prisoner who challenged the refusal to transfer him from a closed to an open prison, or to grant temporary release. The decision to refuse transfer was based on the nature and gravity of the applicant’s offence, public safety concerns, and confidential adverse input from the Gardaí. The court held that the reasons provided to the applicant were sufficient, and that the administrative scheme for transfers allows for broad ministerial discretion. The challenge was also affected by delay, as the applicant was informed of the reasons at a meeting prior to the decision letter, but the court considered all matters and found no arbitrariness or breach of fair procedures. The application was ultimately refused, with legal aid recommended for the proceedings.