Bernard Durkan (Kildare North, Fine Gael)
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Question 149: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [36765/08]

Dermot Ahern (Louth, Fianna Fail)
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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 each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

The person referred to by the Deputy has initiated Judicial Review Proceedings challenging the decision of the Refugee Appeals Tribunal in his case. As these Proceedings are ongoing, it would not be appropriate for me to comment further on the case of the person concerned at this time.

Bernard Durkan (Kildare North, Fine Gael)
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Question 150: To ask the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [36766/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 819 of Wednesday 24 September 2008 and No. 163 of Thursday 29 May 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 30 October 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 27 August 2004, 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 leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State.

Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform the position in regard to the status of residency and citizenship in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [36767/08]

Dermot Ahern (Louth, Fianna Fail)
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The Refugee Applications Commissioner (RAC) determined on 10 July 2008 that the United Kingdom is responsible, pursuant to the provisions of Article 16(1)(e) of Council Regulation (EC) No 343/2003, for examining the application for asylum of the person concerned. The Dublin II Regulation (Council Regulation (EC) No. 343/2003), 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 person in question was requested to present to the Garda National Immigration Bureau on 19 August 2008. She failed to present herself and is now recorded as having evaded her Transfer Order. This person is currently being sought by the Garda National Immigration Bureau. She should make herself known to them without further delay so that arrangements can be made for her transfer to the United Kingdom. As stated in the reply to Question No. 205 of 10 April 2008, this person was transferred to the United Kingdom under the Dublin II Regulation on one previous occasion on 16 April 2007 but has since then illegally returned to this State.