James Reilly (Dublin North, Fine Gael)
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Question 322: To ask the Minister for Justice, Equality and Law Reform the progress that has been made on an application for residency in respect of a person (details supplied); and if he will make a statement on the matter. [19928/10]

Dermot Ahern (Louth, Fianna Fail)
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This person's case falls under the Dublin II Regulation, (Council Regulation (EC) No. 343/2003). The Dublin II 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 Office of the Refugee Applications Commissioner, (ORAC), determined on 27 February, 2009, in accordance with the terms of the Dublin II Regulation, that Spain is responsible for examining this person's asylum application. A Transfer Order was signed in respect of this person on 10 March, 2009, and they were requested to present themselves to the Garda National Immigration Bureau (GNIB) on 16 March, 2009. He failed to present as requested and is now recorded as having evaded his transfer. He is currently illegally present in this State and is liable to be arrested and detained without further notice. He should make himself known to the Garda National Immigration Bureau without further delay so that final arrangements can be made for his transfer to Spain.