A MAJOR flaw in legislation could allow would-be refugees to repeatedly apply for asylum in a succession of different European Union countries.

The loophole, which is of potential benefit to hundreds of asylum seekers, allows a person to be readmitted to the Irish asylum system if they evade what's known as a "transfer order".

Under current arrangements, a person's asylum claim must be heard in the EU country where they first claim asylum. However, a case currently being dealt with by the Department of Justice has exposed a major failing in the legislation, one which could potentially delay the deportation process for years.

The person involved – who is believed to be an African national – arrived in Ireland in April of 2006 and applied for asylum here.

After fingerprint comparison was sought by the Office of the Refugee Applications Commissioner, it was established that the person had already sought refugee status in France. Under EU legislation, the French authorities were then responsible for the man's asylum claim.

A transfer order was signed to fly the man back to France on 1 August 2006, which obliged him to present at the Garda National Immigration Bureau. He turned up by appointment on 22 August and a flight was arranged for 30 August to Paris. Instead, he evaded the transfer and stayed on in Ireland becoming "illegally present in this state". His transfer order then expired and Ireland once again became responsible for processing his asylum application.

A statement from the Department of Justice said: "At this point, in early 2008, the person concerned was admitted into the asylum process in this state.

"The person concerned was invited to attend for interview at the Offices of the Refugee Applications Commissioner on 21 January 2008 but failed to attend as requested."

Because of his failure to turn up for his appointment, refugee status has since been refused in this case.

The department said: "The person concerned was informed, by letter dated 11 June 2008, 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. To date the person concerned has not responded to the department's letter dated 11 June 2008."

Immigration officials have said the case highlights a major loophole in legislation as the asylum seeker involved could now travel to another EU country and claim asylum.

One official said: "It would seem possible that he could now travel to the United Kingdom and attempt to gain refugee status there. If an attempt is made to transfer him to Ireland again, he can simply evade the transfer order and force the British authorities to deal with his case. This could delay cases by years if the person is determined to avoid deportation."

The number of asylum seekers being removed from the state under "transfer orders" is actually higher than the numbers being deported.

In 2007, a total of 225 people were transferred to the country where they first claimed refugee status after their fingerprints matched up with an asylum claim elsewhere in the European Union.

By comparison, just 135 people were deported in that year, the lowest annual total in almost a decade. In the first five months of this year, 116 people were removed from the state under "transfer orders" whilst only 43 deportations took place.