  where detention is deemed to be a necessity, a maximum 30 day time limit should be adhered to, so that all asylum seekers are moved into the community once health, character and identity checks are complete; and adequate review mechanisms are available to those detained as part of a ‘mass group’ which consider individual circumstances to avoid delay, discrimination and unnecessary detention. G The Asylum process 186 Recently concerns have been raised by the Refugee Bar and the Auckland District Law Society regarding the disclosure of information provided to the Refugee Status Branch (“RSB”) to third parties. The Commission understands that the RSB verifies information provided by refugee claimants with third parties - including verifications in home countries - and in some circumstances reserves the right to do so without seeking consent from the claimant. 187 Section 151 of the Immigration Act 2009 sets the parameters for the disclosure of information in respect of asylum seekers, refugees and protected persons. The Commission acknowledges that there are differing views on the interpretation of this provision and the extent to which information may be disclosed to third parties – including to countries of origin. 188 The Commission acknowledges that the RSB may need to make inquiries with third parties in certain circumstances. However, doing so without appropriate operational level safeguards, risks impacting on claimant’s rights to privacy, safety and security, and is arguably at odds with the principles of the Refugee Convention. 189 Failure to address this issue may result in claimants being reluctant to disclose information to the RSB, ultimately impacting on the quality and timeliness of decision making. The Commission believes that a pragmatic solution can easily be found through international human rights law, based on the principles of transparency and proportionality. Such an approach would balance the rights of claimants with the need – in certain (exceptional) circumstances – for RSB to make inquiries without consent. 190 The Commission recommends that the Committee urges the Government commit to developing – in consultation with the UNHCR, the Human Rights Commission and the Refugee Bar – confidentiality guidelines for the processing of claims for refugee status and/or protected status. These guidelines should be based on international human rights law and the principles of the Refugee Convention. Page 51 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR

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