Top court clears refugee detention

By HELEN TUNNAH

A Government crackdown on people seeking refugee status after the September 11, 2001, terrorist attacks has been declared legal.

The full bench of the Appeal Court yesterday overturned a High Court ruling declaring the detention policy unlawful.

The decision means people claiming to be refugees can be held in jail or at the Mangere Refugee Settlement Centre, and these detentions do not breach the United Nations Convention on Refugees.

The Government introduced a tough detention policy for people claiming to be refugees after the 2001 terrorist attacks which killed more than 3000 people in the United States.

Previously, about 5 per cent of people claiming to be refugees were detained when they arrived in New Zealand. Under the new policy, nearly all were held.

The policy was challenged by the Human Rights Foundation and the Refugee Council.

Their win in the High Court last year has now been overturned.

Immigration Minister Lianne Dalziel last night said the decision was a vindication of her policy.

"I'm delighted," she said. "It has upheld the right of the Immigration Service to operate a detention policy at the border."

Ms Dalziel said she had always argued that a country had the right to make its own decisions about who could enter.

She was not prepared to let anyone in if the Immigration Service did not know who they were, where they came from or why they were in New Zealand.

Human Rights Foundation spokesman Peter Hosking said the decision was a blow to New Zealand's credibility as a country that upheld individual rights.

It endorsed a policy of wholesale detention, even when people posed no security risk.

People detained included pregnant women and children.

Mr Hosking said it was too soon to say if the decision could be appealed.

But the way appears to have been left open for individual would-be refugees to sue the Government if they believe they have been unreasonably detained.

The Appeal Court's unanimous judgment said the ruling could not be read as expressing any view on individual cases.

One refugee, who has name suppression, sought $150,000 in damages from the Crown as part of the court case, alleging wrongful arrest, but his claim was rejected.

The five judges said his detention at the border had been lawful.

More than 300 people were covered by the court action, including 131 boat people rescued off the coast of Australia about the same time as the attacks in the US.

The Government introduced its new policy on September 19, 2001.

It has been changed since, and the Government last year also introduced new laws easing bail restrictions on people claiming refugee status.

Refugee lawyers said last night that it was unlikely that people claiming to be refugees would be able to afford to lodge claims alleging wrongful arrest or imprisonment because they usually had no money and were not entitled to legal aid.

Thirty-five people are detained under the current system.

Of these, 29 are at Mangere and six are being held in jail.

Ms Dalziel said that when the Government had security concerns about individuals they would continue to be held in prison.

Detentions

* 307 detained since 2001

* 265 in Mangere Refugee Resettlement Centre

* 42 in prisons

* 35 people remain detained, 29 at Mangere and six in jail

Entry permits

* 116 entry permits on arrival.

(source Immigration Service)