psychological, consequences for asylum seekers in prison detention88. Prison staff are
often not trained in relation to asylum, the identification of the symptoms of trauma
and standards related to detention of asylum seekers.
127.
Furthermore, Department of Corrections staff are often unaware which detainees are
asylum seekers. The absence of this basic knowledge can prove problematic in
monitoring the standards and conditions being applied to asylum seekers.
128.
Recommendation 15: That the Committee urges the Government to ensure that:
(a) Asylum seekers detained in correctional facilities are separated from other
prisoners;
(b) Asylum seekers are not subject to criminal standards of detention; and
(c) Prison staff are appropriately trained in relation to standards of detention
for asylum seekers, the identification of the symptoms of trauma and human
rights.
Alternatives to Detention
129.
Historically, New Zealand has been viewed as both a regional and global leader with
regard to Alternative to Detention (“ATD”) development and implementation.
Section 315 of New Zealand’s Immigration Act 2009 introduced a tiered detention and
monitoring system that includes a greater ability to use reporting and residence
requirements instead of secure detention.
130.
Section 315 provides that an immigration officer and the liable person may enter into
an agreement that, as an alternative to detention, the liable person may reside in the
community. Such an agreement may be subject to a variety of conditions such as
periodic reporting requirements and the appointment of a “guarantor” who is tasked
with ensuring compliance, and reporting non-compliance, with any conditions set.
Failure to comply with conditions of release will, however, result in arrest and
detention. The liable person may also be subject to arrest and detention in the event
a deportation order is executed.
131.
Recommendation 16: That the Committee encourages the Government to ensure the
availability of adequate and appropriate alternatives to detention for asylum seekers
in all but the most exceptional of circumstances.
88
Asylum seekers locked up in Auckland Prison – New Zealand’s own Manus Island, 26 March 2017
http://www.stuff.co.nz/national/crime/90117261/Asylum-seekers-locked-up-in-Auckland-prison-New-Zealands-ownManus-Island
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