Bernard Durkan (Kildare North, Fine Gael)
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Question 659: To ask the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 192 of 9 March 2006, if his attention has been drawn to the case of a person (details supplied); his views on whether such a person's case should more appropriately be dealt with in a country in which they have family support; and if he will make a statement on the matter. [10613/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to my replies to Dáil Questions No. 149 of 26 January 2006, No. 181 of 9 February 2006, No. 249 of 16 February 2006, No. 215 of 2 March 2006 and No. 192 of 9 March 2006 and a reply given to a Dáil Adjournment debate on 23 February 2006 in relation to this case.

I wish to emphasise again that the person concerned is not being returned to her country of origin but rather to Belgium where she had previously lodged an asylum application. In accordance with the Dublin II regulations, and to uphold the integrity of the asylum and immigration processes in the State, it is entirely appropriate that the person concerned should be returned to Belgium to have her asylum claim determined there. However, as the Deputy is no doubt aware, the person concerned is in receipt of hospital treatment and, as such, her case is being treated in the most sympathetic and compassionate way possible. To this end, I understand from the Garda National Immigration Bureau that it does not propose to effect her transfer to Belgium until she is discharged from hospital.

In relation to the Deputy's suggestion that the asylum claim of the person concerned should more appropriately be dealt with by this State given the possible availability of family support, the fact remains that the person concerned previously claimed asylum in Belgium and as such, the provisions of the Dublin II regulations apply to her case, i.e. that she should be transferred to Belgium to have her asylum claim determined there. As a result, it is my intention that this transfer will be effected in due course.