Bernard Durkan (Kildare North, Fine Gael)
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Question 407: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the way it is expected to offer the protection of international law in the event of transfer to Belgium while appeal is pending in the case of a person (details supplied) in County Cork in view of the fact that they will be automatically returned to their homeland; the way it is proposed not to anticipate a positive outcome in respect of the appeal; and if he will make a statement on the matter. [2330/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my replies to Dáil Questions No. 56 of 30 November, 2006, and 151 of 14 December, 2006, in relation to this case.

First of all I would like to advise the Deputy that the person concerned has still failed to present herself to the Garda National Immigration Bureau, (GNIB), as requested and continues to be illegally present in the State. She should, without any further delay, present herself to the appropriate authorities, in this case either the GNIB or An Garda Síochána. Secondly, I would like to inform the Deputy that the person concerned has no appeal pending in her case as the Office of the Refugee Appeals Tribunal upheld the determination of the Office of the Refugee Applications Commissioner on 12 January, 2007.

Bernard Durkan (Kildare North, Fine Gael)
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Question 408: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if an appeal by a person (details supplied) in County Galway against a decision by his Department to refuse an application for a declaration as a refugee in accordance with the Refugee Act, 1996, as amended, will be expedited. [2331/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the recommendation of the Refugee Applications Commissioner.