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