Bernard Durkan (Kildare North, Fine Gael)
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Question 371: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Cork whose spouse has lived here for five years; and if he will make a statement on the matter. [2165/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The case referred to by the Deputy falls under the scope of the Dublin II Regulation, (Council Regulation (EC) No. 343/2003).

Following investigation by the Office of the Refugee Applications Commissioner a Transfer Order was signed in respect of the person concerned on 13 October, 2005, obliging her to present to the Garda National Immigration Bureau, (GNIB), in order for arrangements to be made for her transfer to the Netherlands where she had previously made an asylum application. The GNIB attempted to effect her transfer on 28 October, 2005. However she evaded her transfer and is currently illegally present in this State.

The person concerned continues to evade her transfer and is illegally present in the State. I would therefore urge the person concerned to come forward and present herself to the GNIB without further delay.