Billy Timmins (Wicklow, Fine Gael)
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Question 526: To ask the Minister for Justice, Equality and Law Reform the position in relation to persons (details supplied); and if he will make a statement on the matter. [4472/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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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). 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.

Following investigation by ORAC, it was determined that the persons concerned had previously made asylum applications in the United Kingdom. As a direct result of the ORAC determination, Transfer Orders were signed in respect of them on 19 July, 2007, obliging them to present to the Garda National Immigration Bureau, (GNIB), on 4th September, 2007, for arrangements to be made for their return to the United Kingdom. Flights were arranged for their transfers on 5th September, 2007. However they failed to present thereby evading their transfers and became illegally present in this State. The persons concerned continue to evade their transfers and remain illegally present in the State. I would therefore urge the persons concerned to come forward and present themselves to the GNIB without further delay.