International transfer of prisoners

What is International Transfer of Prisoners?

The International Transfer of Prisoners (ITP) Scheme is a consent-based scheme that allows Australians serving a sentence in a foreign country, and foreign nationals serving sentences in Australia, to apply to transfer to their home country to serve the rest of their sentences.

The ITP Scheme aims to promote the prisoner’s successful rehabilitation and reintegration into the society of their home country, while preserving the sentence imposed by the sentencing country as far as possible.

The ITP Scheme contributes to community safety by ensuring that a prisoner’s convictions are recorded in their own country and when they are reintroduced into that country’s community, they can be appropriately supported, supervised and monitored.

Not all countries are part of the ITP Scheme. Transfers are currently possible between Australia and the following countries:


 

  • Albania
  • Andorra
  • Armenia
  • Austria
  • Azerbaijan
  • Bahamas
  • Belgium
  • Bolivia
  • Bosnia and Herzegovina
  • Brazil
  • Bulgaria
  • Cambodia
  • Canada
  • Chile
  • China
  • Costa Rica
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Ecuador
  • Estonia
  • Finland
  • France
  • Georgia
  • Germany
  • Greece
  • Honduras
  • Hong Kong Special Administrative Region
  • Hungary
  • Iceland
  • India
  • Ireland
  • Israel
  • Italy
  • Japan
  • Korea
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Mauritius
  • Mexico
  • Moldova
  • Mongolia
  • Montenegro
  • Netherlands
  • North Macedonia
  • Norway
  • Panama
  • Poland
  • Portugal
  • Romania
  • Russia
  • San Marino
  • Serbia
  • Slovakia
  • Slovenia
  • Spain
  • Sweden
  • Switzerland
  • Thailand
  • Tonga
  • Trinidad and Tobago
  • Türkiye
  • Ukraine
  • United Arab Emirates
  • United Kingdom
  • United States
  • Venezuela
  • Vietnam


 

These countries are either party to the Council of Europe Convention on the Transfer of Sentenced Persons or a bilateral transfer agreement with Australia.

Apply to transfer to Australia

To apply for transfer to Australia:

  • You must be an Australian citizen or be permitted to travel to and remain in Australia indefinitely under the Migration Act 1958 (Cth) and have community ties with an Australian state or territory.
  • You must be currently serving a sentence of imprisonment in a prison or hospital facility overseas or have already been released on parole or are serving the suspended part of your sentence.
  • You must have at least 6 months left to serve on your sentence of imprisonment (although some countries require at least 12 months).
  • Your conviction and sentence must be final and not subject to appeal.
  • The conduct you were convicted of must also be a criminal offence in Australia (this is known as dual criminality).

Our applicant information packs contain detailed information on the application process and things to consider before making an application for transfer.

Note: You must sign your application form in front of an authorised witness (check the form to find out who this can be). We cannot process your application unless the form has been signed and appropriately witnessed.

By signing the application form, you give us the legal authority to collect, use and disclose your personal information for the purposes of processing your application. This could include consulting with the Department of Home Affairs on your immigration status and providing your application and details to the transfer country.

Submit your completed application to the International Transfer of Prisoners Unit by:

  • Email: itp@ag.gov.au
  • Mail:
    International Transfer of Prisoners Unit
    Attorney General’s Department
    3-5 National Circuit
    Barton ACT 2600
    AUSTRALIA

Apply to transfer from Australia

To apply for transfer from Australia:

  • You must be a citizen of the country you are seeking to transfer to. Some countries also allow a prisoner to transfer if they have significant community ties with that country.
  • You must be currently serving a sentence of imprisonment in an Australian prison or hospital facility. Some countries also accept transfers of prisoners who have already been released on parole or are serving the suspended part of their sentence.
  • You must have at least 6 months left to serve on your sentence of imprisonment (although some countries require at least 12 months).
  • Your conviction and sentence must be final and not subject to appeal.
  • The conduct you were convicted of must also be a criminal offence in the country you are applying to transfer to (this is known as dual criminality).

Note: You must sign your application form in front of an authorised witness (check the form to find out who this can be). We cannot process your application unless the form has been signed and appropriately witnessed.

By signing the application form, you give us the legal authority to collect, use and disclose your personal information for the purposes of processing your application. This could include consulting with the Department of Home Affairs on your immigration status and providing your application and details to the transfer country.

Submit your completed application to the International Transfer of Prisoners Unit by:

  • Email: itp@ag.gov.au
  • Mail: International Transfer of Prisoners Unit
    Attorney General’s Department
    3-5 National Circuit
    Barton ACT 2600
    AUSTRALIA

Approvals process

We process all transfer applications in accordance with the requirements of the International Transfer of Prisoners Act 1997 (the ITP Act).

Transfers are not automatic. Before a transfer can take place, all relevant parties must provide their approval. This includes the:

  • Australian Government, through the Australian Attorney-General
  • government of the foreign country
  • prisoner
  • relevant Australian state or territory government (for all transfers to Australia and for transfers of prisoners from Australia who have been convicted of an Australian state or territory offence). Under the ITP Act, the Australian Attorney-General can take any matters into account when considering transfer applications.

International Transfer of Prisoners Statement of Policy

The International Transfer of Prisoners Statement of Policy was updated on 14 September 2023. It provides guidance to the Australian Attorney-General on the factors that may be relevant to these decisions.

Read the International Transfer of Prisoners Statement of Policy

Contact details

For further information or if you have any questions, contact us at itp@ag.gov.au.