Bernard Durkan (Kildare North, Fine Gael)
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I thank the Ceann Comhairle for giving me the opportunity to raise this especially sensitive matter on the Adjournment. It has been the subject of several parliamentary questions over recent months.

This case does not involve a prospective deportation but rather a transfer from this country to Belgium. The person in question, Jeannette Fampuma, is a native of the Democratic Republic of the Congo. She was subjected to severe and inhuman treatment in her native country approximately one year ago. She was raped, beaten and subjected to every kind of degrading treatment that could be meted out and is severely traumatised as a result. She has been refused refugee status and it has been determined by the Minister for Justice, Equality and Law Reform and the Refugee Applications Commissioner that the best way forward is transfer her to Belgium.

I do not agree that this is the best course of action. Her medical and physical condition is such that she should be treated here on humanitarian grounds. This is the medical advice of her doctor. She is under the care of her sister who is a qualified nurse and has been granted residency and works here. As a humanitarian, the Minister should examine her case and ensure that there is no repetition of what happened last week when four or five gardaí arrived at Ms Fampuma's sister's house looking for her while she was in hospital receiving life-saving treatment.

There are many other courses of action open to the Minister other than attempting to enforce a transfer order in such a case. This woman's life has been endangered several times in the past. She has suffered incredible pain and trauma, which she is reliving. Her doctor has said that it would be criminal to remove her from hospital at the moment. I ask the Minister of State, who is a compassionate and caring person, to take the initiative and ensure she is allowed to remain in the country for the duration of whatever treatment is required, that we, as a caring and compassionate country with a good reputation, are seen to take this initiative without fear or favour, and that nobody else approaches her until she has regained full health.

Seán Power (Kildare South, Fianna Fail)
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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.

Bernard Durkan (Kildare North, Fine Gael)
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That is incorrect.

Seán Power (Kildare South, Fianna Fail)
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I will follow up the matter on the basis of what the Deputy has said. However, I am replying on behalf of the Minister.

Belgium accepted responsibility for the case on 2 December 2005, and a transfer order was signed on 11 January 2006 requiring the person concerned to return to Belgium. The order issued to her on 16 January 2006, requiring her to present herself to the Garda National Immigration Bureau, GNIB, on Monday, 23 January 2006. She presented, as required, and was requested to present again on 26 January 2006, to make final arrangements for her flight to Belgium which had been booked for the following day, Friday, 27 January. However, she failed to present as required and is now classified as having evaded her transfer. The Belgian authorities have been notified and an extension of time of up to 18 months to effect the transfer has been sought in accordance with Article 19.4 of the regulation.

In the meantime, her legal representative, the Refugee Legal Service, RLS, has been in correspondence with the Dublin II transfer unit of the Department of Justice, Equality and Law Reform stating its client is in hospital and has submitted medical reports setting out the nature of her illness and the care she is receiving. The Minister is not disputing the medical reports presented by the RLS, but medical reasons alone are not criteria under the regulation for processing her asylum claim in Ireland.

The Minister wishes me to repeat again that this person's transfer will be dealt with in a sympathetic and humane way and her medical needs will be made known, in advance, to the Belgian authorities. If necessary, medical escorts to accompany her on her transfer flight will be provided. The Minister is satisfied the Belgian health and social services are well capable of dealing with her medical needs.

Belgium, and not Ireland, is responsible for examining the asylum application of the person concerned. Indeed, it is for the Belgian authorities to assess the protection needs, if any, of the person concerned. The Minister wishes to point out again that the applicant is not being removed to her home country, the Democratic Republic of Congo, but to Belgium, to have her claim considered there. Belgium, like Ireland, is a party to and thus bound by the same international obligations and human rights instruments prohibiting refoulement. The current development of a common EU asylum policy is predicated on the full and inclusive application by member states of the 1951 Geneva Convention relating to the status of refugees and its 1967 New York Protocol, thus maintaining the principle of non-refoulement. Council Regulation (EC) No. 432/2003 is based on this common policy and all regulation states are considered safe for returning third country nationals. The Minister is, therefore, satisfied that any protection needs arising in this case can be suitably dealt with by the Belgian authorities.

Having regarded these considerations and the fact that Belgium is responsible under the Council regulation for the examination of her asylum application, the transfer cannot be deemed to give rise to refoulement. Any unnecessary delay in effecting her transfer to Belgium will only deny her the opportunity of an early examination of her asylum claim and the affording of international protection to her, if required.

In summary, the person concerned made an earlier asylum application in Belgium on 4 April 2005. The Office of the Refugee Applications Commissioner has determined, and the Office of the Refugee Appeals Tribunal has upheld an appeal, that Belgium is the country responsible for processing the application and Belgium has accepted its responsibilities for the case.

Bernard Durkan (Kildare North, Fine Gael)
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I am ashamed of the Minister for Justice, Equality and Law Reform, who would put his name to that kind of document, given that the woman is seriously ill in hospital. If he has no more care or compassion than that, I am sorry.

Seán Power (Kildare South, Fianna Fail)
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The Minister indicated the woman will be treated sympathetically and humanely.