New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review  Inability to appropriately monitor the standards of detention in relation to asylum seekers in line with international obligations.  Absence of adequate individual review mechanism in relation to the Immigration Amendment Act 2013. Recommended action: The Commission recommends that the Committee urge the Government to ensure:  asylum seekers detained in correctional facilities are separated from other prisoners;  asylum seekers are not subject to criminal standards of detention; and  prison staff are appropriately trained in relation to standards of detention for asylum seekers, the identification of the symptoms of trauma and human rights. The Commission further recommends that the Government commit to reviewing the Immigration Amendment Act 2013 to ensure that:  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. 104. Detention of asylum seekers in New Zealand can occur under two circumstances. Those arriving at the border are initially held in police custody pending a risk assessment and court hearing. After the hearing, claimants are either detained at a prison if identity or security concerns are raised, conditionally released to an approved address in their community, or held at the Mangere Accommodation Centre. 42

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