Jerry Cowley (Mayo, Independent)
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Question 222: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied); and if he will make a statement on the matter. [10353/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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This case came under the terms of the Dublin II regulations, formerly the Dublin Convention. The regulation is intended to prevent the phenomenon of "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 its introduction in 1995. Under the Dublin Convention and now the Dublin II regulations, the office of the refugee applications commissioner 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 woman referred to by the Deputy and her two daughters made an asylum claim in Ireland on 28 November 2003. Following investigation, it was determined by the office of the refugee applications commissioner, and later upheld on appeal by the office of the refugee appeals tribunal, that the UK was the appropriate country pursuant to the provisions of the regulation to process the family's application as the woman concerned had already made an asylum claim there in March 2003. She was kept informed of developments throughout the course of her asylum application in Ireland and would have been made aware of the consequences of it coming under the terms of the Dublin II regulation.

The UK accepted responsibility for the case and the woman and her daughters were transferred to Heathrow Airport, London, by the Garda National Immigration Bureau on 8 July 2004. It is for the UK, and not Ireland, to examine the woman's asylum claim and afford her and her children any protection status they may require.