Darien Fenton, in Committee, to move the following amendment:
In clause 12, replace new section 317B(3) (lines 14 to 25 on page 9) with:
“(3A) If the alternative location for detention is a prison, as defined in section 3of the Corrections Act 2004, the members of the mass arrival group listed in the application must be housed separately from prisoners and this requirement must be specified on the mass arrival warrant.
This Supplementary Order Paper amends the Immigration Amendment Bill. Detention of asylum seekers is inherently undesirable and Article 31 of the 1951 Refugee Convention asserts that contracting States must not apply to the movements of refugees restrictions other than those that are strictly necessary. In such cases, however, where a mass warrant for detention is adopted as a last resort, asylum seekers should be housed in the Mangere Refugee Resettlement Centre in the first instance. In exceptional circumstances where it is deemed necessary to detain individuals in other facilities, individuals should always be housed separately from prisoners, in recognition that the act of seeking asylum is not illegal.