Seán Power (Kildare South, Fianna Fail)

I thank Deputy Durkan for raising this matter on the Adjournment. I am replying on behalf of the Minister for Justice, Equality and Law Reform. I refer the House to the replies that the Minister gave to Questions Nos. 149, 181 and 249 on Thursday, 26 January 2006, Thursday, 9 February 2006 and Thursday, 16 February 2006, respectively, in respect of this case.

As this case comes under the provisions of the Dublin II Regulation (Council Regulation) (EC) No. 343/2003, I should briefly explain the workings of the regulation. This is intended to prevent the phenomenon of so-called asylum shopping across Europe and sets out criteria for determining which member state is responsible for examining an asylum application. At the same time it guarantees applicants that one State will process their application, thereby preventing the creation of "refugees in orbit", a situation which had pertained in Europe prior to the introduction in 1995 of its predecessor, the Dublin Convention. Under the Dublin II Regulation, the Office of the Refugee Applications Commissioner, ORAC, can, on the basis of the relevant criteria, request another state to accept responsibility for an asylum application and have it processed in that other state.

The person concerned arrived in Ireland on 14 October 2005 and claimed asylum. Following investigation, it was determined by the Office of the Refugee Applications Commissioner that, pursuant to the provisions of the Dublin II Regulation, Belgium was the appropriate state to process her application as she had already made an earlier asylum claim there on 4 April 2005. She appealed this to the Office of the Refugee Appeals Tribunal but the original determination to transfer was upheld. She was kept informed of developments throughout the course of her asylum application in Ireland and was made aware from the outset of the consequences of her case coming under the terms of the Dublin II Regulation. The applicant was informed in writing that it was open to her to make written representations to the commissioner before a determination was made on the possibility that her case might be examined under the Dublin II Regulation. Chapter 4 of the information leaflet for applicants for refugee status in Ireland refers. No representations were received.

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