Bernard Durkan (Kildare North, Fine Gael)
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Question 219: To ask the Minister for Justice, Equality and Law Reform the residency status in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2902/10]

Dermot Ahern (Louth, Fianna Fail)
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The Office of the Refugee Applications Commissioner, (ORAC), determined on 15 January 2010, in accordance with the terms of the Dublin II Regulation, Council Regulation (EC) No. 343/2003, that the United Kingdom is responsible for examining the asylum application 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.

In regard to the person referred to by the Deputy, a Transfer Order was subsequently signed on 18 January and on 19 January 2010 she was transferred to the United Kingdom.

Bernard Durkan (Kildare North, Fine Gael)
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Question 220: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2903/10]

Dermot Ahern (Louth, Fianna Fail)
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The person concerned applied for asylum on 7 February 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 10 June 2008, that the Minister proposed to make a Deportation Order in respect of her. She 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.