The Justice Minister says she will be 'making a further decision' after a High Court order quashed her move to refuse Ivor Callely an early release from prison.
Mr Justice Anthony Barr found the authorities did not properly consider the former senator's application for enhanced remission - and said Minister Frances Fitzgerald had 'fallen into error'.
Ivor Callely, the former Fianna Fáil junior minister, has been serving a five-month sentence for fraudulently claiming over €4,000 in expenses with forged mobile phone invoices - and is due to be released in six days.
Mr Callely remains on bail while the application is considered.
The Justice Minister Frances Fitzgerald had refused an application from Mr Callely seeking temporary release.
She also refused a second application for enhanced remission, where one-third of his sentence could be waived due to his good behaviour in prison.
The latest decision means the Minister must now consider a new application from the former politician.
Minister Fitzgerald says she has already spoken to the Prison Service about the judgment - and will be making a further decision on it: