Bernard Durkan (Kildare North, Fine Gael)
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Question 175: To ask the Minister for Justice, Equality and Law Reform if and when residency status will be granted in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [29206/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question arrived in the State as an unaccompanied minor on 14 March, 2005. He applied for asylum on 5 April, 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 5 September, 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order. Representations were received on behalf of the person in question. I expect the case to be submitted to me for decision in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform when it is expected residency status will be granted in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [29207/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 14 March, 2005 as an unaccompanied minor. She applied for asylum on 5 April 2005. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

In accordance with Section 3 of the Immigration Act 1999, the person concerned was informed on 20 September, 2005 that the Minister was proposing to make a deportation order in respect of her. She was in accordance with the Act, given the option of making representations within 15 working days setting out the reasons why she should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. Representations were received on behalf of the person concerned. I expect the case to be submitted to me for decision in due course.

Bernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Justice, Equality and Law Reform if he will extend temporary residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [29208/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I would refer the Deputy to the replies to Dáil Questions No. 48 of 15 February 2007 and No. 103 of 1 March 2007, in relation to the person concerned.

As previously advised, the person concerned whose case falls under the Dublin II Regulation, Council Regulation (EC) No. 343/2003, evaded his transfer to France on 30 August, 2006. The person concerned continues to evade his transfer and continues to remain illegally in the State. I would therefore again urge the person concerned to present himself to the Garda National Immigration Bureau without further delay in order to arrange for his transfer to France.

Bernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Justice, Equality and Law Reform the position in the matter of residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [29209/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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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 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. Under the Dublin II Regulation, the Office of the Refugee Applications Commissioner, (ORAC), can, on the basis of relevant criteria, request another Regulation 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 19 May, 2006. Following investigation by the ORAC and pursuant to the provisions of the Dublin II Regulation, it was established that France was the appropriate State to process the application as the person concerned had previously lodged an asylum claim there on 14 January 2005, and the appropriate authorities in France have accepted their responsibilities accordingly. They subsequently accepted responsibility for the person's child under Article 4(3) of the Dublin II Regulation. The ORAC informed the person concerned of their determination on 8 August, 2006, whilst at the same time affording her an opportunity to appeal the determination to the Refugee Appeals Tribunal, (RAT). The person concerned appealed the ORAC determination to RAT which the RAT upheld and the person concerned was informed of this by way of letter on 28 September, 2006.

As a direct consequence of the ORAC determination, a Transfer Order was signed in respect of the person concerned on 10 August, 2006. This Order was issued to her on 24 August 2006, requiring her to present herself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 29 August 2006, in order for arrangements to be made for her transfer to France. The person failed to attend the GNIB on this date and was recorded as having evaded her transfer pursuant to the provisions of the Dublin II Regulation. She is currently being sought by the Garda National Immigration Bureau and the Garda. She should make herself known to them without further delay so that arrangements can be made for her transfer to France.