Govt orders review of jailing of asylum seekers

WELLINGTON: The Government has commissioned an independent review to see if it can ‘‘tidy up’’ its practice of detaining asylum seekers in prison, in what refugee lawyers say is the first move in 20 years to address the issue.

The review is in response to recent damning reports of asylum seekers’ treatment in prison, and yearslong pressure from Amnesty International and the Asylum Seekers Support Trust.

‘‘Even thought we’re talking about a small number [of detained asylum seekers], it’s important New Zealand lives up to our international human rights obligations,’’ Associate Immigration Minister Phil Twyford said yesterday.

He admitted Labour MPs Ibrahim Omer and Vanushi Walters ‘‘convinced’’ him that detaining asylum seekers was an ‘‘important’’ area to investigate.

Mr Omer moved to New Zealand from Eritrea as a refugee and Ms Walters emigrated from Sri Lanka as a child with her parents.

‘‘Both voices from outside Parliament and also MPs . . . have all made the case very clearly that we want to be proud of New Zealand’s performance in this area.

‘‘We want to do the right thing by asylum seekers.’’

Immigration and refugee lawyer Deborah Manning said the review was a long time coming.

‘‘It shows that the community has been listened to and taken seriously and it’s the first time in over 20 years that we’ve seen any movement on this issue. So it really is welcome news.’’

The report, led by Victoria Casey QC, will investigate whether New Zealand should be detaining asylum seekers or not, but not their treatment in prison.

That was a matter for Corrections, Mr Twyford said.

It will focus on a selection of detention decisions from the past five years in relation to human rights obligations.

Amnesty has said detaining asylum seekers in prison while they wait to be granted refugee status is not accepted among international standards. Mr Twyford admitted this.

‘‘The guidance we get from the United Nations Commission of Human Rights . . . is that Corrections facilities should not be used for this purpose.

‘‘At the moment in New Zealand we don’t have dedicated immigration detention facilities, it’s something we going to have to work through.’’

Ms Manning hoped the review would give ‘‘real alternatives’’ to detention.

‘‘For so long this is an issue that has bounced between various Government departments and I hope it will be a way to end that . . . and to find a way forward for genuine alternatives to detention for refugee claimants.’’

The Amnesty report and a New Zealand Herald investigation in May revealed atrocities people seeking asylum in New Zealand experienced in prison.

Allegations of rape, and physical and verbal abuse emerged from some 86 detained asylum seekers in the past five years.

One man was prison for three years while a decision was being made on his application to live in New Zealand.

Three people, who were detained at the time of the Herald piece in May, described bullying by cellmates, being unable to contact family and ‘‘feeling low expectations of success’’.

Asylum Seekers Support Trust general manager Tim Maurice said he was very excited about the review.

‘‘It means so much for our clients.’’ He said he was disappointed the Government would continue to use prison for asylum seekers while the report was being carried.

The Government is aiming to have the review finished by the end of the year. —

❛ For so long this is an issue that has bounced between various Government departments and I hope it will be a way to end that Deborah Manning