Bernard Durkan (Kildare North, Fine Gael)
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Question 199: To ask the Minister for Justice, Equality and Law Reform if, in view of the current political situation in the Democratic Republic of the Congo as acknowledged by the Department of Foreign Affairs, he is fully satisfied that no harm can befall a person (details supplied) in County Longford in the event of their deportation to France for investigation of their refugee or asylum status in view of the fact that their case was previously refused in that country and that they will automatically be deported to their homeland; and if he will make a statement on the matter. [28000/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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This person's case falls under 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 Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State or whereby an asylum seeker has been granted a visa to enter another Regulation State and has entered that other State before entering Ireland and making an asylum application here. 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.

The current political situation in the Democratic Republic of Congo (D.R.C.) is a matter for the French authorities to consider in deciding whether or not to repatriate him to his home country. France is a party to and thus bound by international human rights instruments which prohibit refoulement. The current development of a common EU asylum policy is predicated on the full and inclusive application of the 1951 Geneva Convention relating to the status of refugees and its 1967 New York Protocol, thus maintaining its principle of non-refoulement. Council Regulation (EC) No 343/2003 is based on this common policy and Regulation States, all respecting the principle of non-refoulement, are considered safe for third country nationals.