Bernard Durkan (Kildare North, Fine Gael)
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Question 90: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [24035/10]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to my reply to Dáil Question No: 120 of 22nd April 2010. The fact remains that 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. 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), in accordance with the terms of the Dublin II Regulation, determined that Belgium is responsible for examining this person's asylum application, as they had previously made an asylum application there. Belgium has accepted responsibility in this case and I intend to proceed with the transfer in question. This person was requested to present herself to the Garda National Immigration Bureau on 20/04/2010, she failed to do so and is currently evading her Transfer Order. She should make herself known to them without further delay so that arrangements can be made for her transfer to Belgium.