1. Denial of Basic Rights of Asylum seekers
Denial of the Right to Liberty
Denial of the Right to be Treated Humanely
Presentation by Refugee Council of New Zealand

2. Detention Refugee Convention – Article 31:
1. No penalties for unlawful entry
2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country.

3. Refugees detained in prison, with criminal suspects, on arrival
Government says it has to detain them until their identity ascertained
Detained refugees held in same prison as criminal suspects
Refugees often arrive without proper ID documents

4. Social Support Refugee Convention – Article 23:
The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.
“Refugees” pre-exist their recognition as such

5. Some asylum claimants denied visa and social support while pursuing claim
Social Security legislation disallows support to persons in NZ “unlawfully”
BUT: Refugee claimants, by Law, may not be removed from NZ!
Refugees who persist in their claim after being denied recognition said to be in NZ “unlawfully”

6. RECOMMENDATIONS
Immediately cease the practice of detaining asylum seekers in the same prison in which criminal suspects are held. If asylum seekers must be detained, they should be held in separate facilities.
Within one year, amend the Social Security Act so that persons who otherwise satisfy the criteria for receiving social support and who may not lawfully be removed from New Zealand, are eligible for such support.