Bernard Durkan (Kildare North, Fine Gael)
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Question 56: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will give favourable consideration to the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41046/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the Deputy that the case of the person concerned falls under the terms of the Dublin II Regulation, Council Regulation (EC) No. 343/2003. This 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 where applications have been lodged in more than one Member State or whereby an asylum seeker has been granted a visa to enter another regulation state. 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 previously pertained in Europe. Under the Dublin II Regulation, the Office of the Refugee Applications Commissioner, (ORAC), can, on the basis of relevant criteria, request another State to accept responsibility for an asylum application and have it processed in that other state.

The person concerned lodged an asylum claim in this State on 09 October, 2006. Following investigation it was established that the person had previously made an asylum application in Belgium. It was therefore determined by the ORAC that, pursuant to the provisions of the Dublin II Regulation, Belgium was the appropriate State to process the application as the person concerned had previously lodged an asylum claim there on 18 February, 2005, and the appropriate authorities in Belgium have accepted their responsibilities accordingly. The ORAC informed the person concerned of their determination on 21 November 2006, whilst at the same time affording her an opportunity to appeal their determination to the Refugee Appeals Tribunal.

In relation to appeals under the Dublin II Regulation, I must point out to the Deputy that the making of an appeal to the Tribunal does not, of itself, operate to suspend the transfer of a person's asylum application nor indeed the person themselves. The appeal can be pursued from the receiving country. Of course, if an appeal is successful, arrangements are made to allow the person concerned to re-enter the State and have their asylum application determined substantively by the ORAC.

As a direct consequence of the ORAC determination a Transfer Order was signed in respect of the person concerned on 22 November 2006. This Order was issued to her on 23 November, 2006, requiring her to present herself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 29 November, 2006, in order for arrangements to be made for her transfer to Belgium. The person failed to attend and is now deemed to have evaded transfer to Belgium pursuant to the provisions of the Dublin II Regulation, and is therefore illegally present in the State. She should present herself to An Garda Síochána or the Garda National Immigration Bureau without any further delay. The situation in the home country of the person concerned and her need, if any, for international protection are matters for Belgium to consider as part of its examination of her asylum claim.