Bernard Durkan (Kildare North, Fine Gael)
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Question 330: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will consider with a degree of leniency an application to review the asylum application in the case of a person (details supplied) in Dublin 6 as the likelihood that transfer to France is likely to result in immediate return to their homeland with severe implications; and if he will make a statement on the matter. [29132/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my reply to his Dáil Question No. 148 of 27 April, 2006. The position, as set out therein, remains the same.

The person concerned continues to evade his transfer to France, pursuant to the provisions of the Dublin II Regulation, and is therefore illegally present in the State. He should present himself to the Garda National Immigration Bureau without further delay. Given that the person concerned lodged his initial asylum claim in France on 2 July, 2004, it is entirely appropriate that he be transferred to that State to have his asylum claim determined there.

In the event of France refusing his asylum application after due consideration, it is a matter for that country to decide whether to return him to his home country. In making that decision France, like all other signatories (including Ireland) to the 1951 UN Convention on the Status of Refugees, is obliged to satisfy itself as to the safety of returning the person, or refoulement as it is referred to, before making any return decision.