Bernard Durkan (Kildare North, Fine Gael)
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Question 628: To ask the Minister for Justice, Equality and Law Reform the reason he considers it is inappropriate to have a person (details supplied) in Dublin 15 claim for refugee status made from the UK when they have already done so and returned to their own country and then quite appropriately applied in this jurisdiction when they arrived in Ireland; further to his reply to previous parliamentary questions if he will indicate if their application can be processed and they be granted temporary residency status in view of the need for urgent medical treatment which they cannot receive in their native Rwanda; if the application for residency status here in conjunction with their health status should supersede any previous application; and if he will make a statement on the matter. [28130/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my Replies to Dail Questions Nos. 244 of 25 May 2006 and 180 of 22 June 2006.

The position in relation to the person concerned is that she has failed to present herself to the Garda National Immigration Bureau, as she is legally obliged to do, and, as such, she is currently residing illegally in the State.

In the interests of clarity, I wish to emphasise again that the person concerned is not being returned to her country of origin, Rwanda, but rather is being transferred to the United Kingdom where she previously lodged an asylum application. In accordance with the Dublin II Regulations, and to uphold the integrity of the asylum and immigration processes in this State, it is entirely appropriate that the person concerned should be transferred to the United Kingdom to have her asylum claim determined there.

In relation to the medical and protection needs of the person concerned, it can hardly be argued that the United Kingdom's welfare, medical and social protection systems are inferior to ours or that any international protection she requires cannot be provided by the authorities in the United Kingdom.

Given the Deputy's concerns for the medical condition of the person concerned, I can assure the Deputy that her transfer to the United Kingdom will be handled with sensitivity and care. Indeed, if the Deputy has up to date information on the medical status of the person concerned, my Officials will be happy to pass on any such medical reports to the authorities in the United Kingdom, prior to her transfer, so that her medical needs can be taken fully into account in the context of her transfer to the United Kingdom. Furthermore, if necessary, I would be happy to provide the person concerned with medical escorts during her journey.

As regards the Deputy's contention that the person concerned left the United Kingdom and returned to Rwanda, such information should have been presented to the Office of the Refugee Applications Commissioner, which is the determining body in the context of cases falling within the terms of the Dublin II Regulation, prior to that Office's determination in the case of the person concerned. It might be noted that when the person concerned was asked in her Applicant Questionnaire if she had ever travelled outside of her country of origin before, she answered 'No'. Equally, in responding to the question as to whether she had applied for refugee status anywhere else, she answered 'No'. Clearly these responses reflect a lack of truthfulness on the part of the person concerned as she had previously claimed asylum in the United Kingdom on 4 March 2003, albeit under a different name and date of birth. The Deputy might wish to note that my role, and the role of my Department, in the Dublin II process is to effect transfers on the basis of determinations made by the Office of the Refugee Applications Commissioner.

The decision to transfer the person concerned to the United Kingdom to have her asylum claim examined in that State is in strict accordance with the provisions of the Dublin II Regulation and, as such, it is my intention to have this transfer effected at an early date.