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 person concerned had previously made an asylum application in France. As a direct result of the ORAC determination, a Transfer Order was signed in respect of him on 01 August, 2006, obliging him to present to the Garda National Immigration Bureau, (GNIB), on 22 August, 2006, for arrangements to be made for his return to France. He presented as requested and a flight was arranged for his transfer on 30 August, 2006. However he evaded his transfer and became illegally present in this State. The person concerned continues to evade his transfer and remains illegally present in the State. I would therefore urge the person concerned to come forward and present himself to the GNIB without further delay.