Review of asylum seeker detention and our response
In 2021, Immigration New Zealand (INZ) asked for an independent review of the detention of asylum seekers. INZ accepted the recommendations in the review and has made changes to its policies, processes and decision-making.
Report to Deputy Chief Executive (Immigration) on detention of asylum claimants
In June 2021 Immigration New Zealand (INZ) commissioned an independent review by Victoria Casey KC (King's Counsel) — the 'Casey review'.
The review:
- assessed the operational practices relating to restriction of freedom of movement, including detention, of people claiming asylum
- is specific to people who claim asylum at the border or those who claim when detained for the purposes of deportation.
The recommendations from the review focused on:
- the inappropriateness of the use of New Zealand Police and Department of Corrections facilities to detain asylum seekers
- the need for better guidance on the systems and processes INZ staff use when considering the potential detention of asylum seekers
- the need to review INZ processes and legislation to ensure they are consistent with New Zealand's human rights obligations.
Read the full report on the Ministry of Business, Innovation and Employment (MBIE) website:
Restriction of movement of asylum claimants – MBIE
Recommendations from the review
The review recommended that INZ should ensure any decisions to detain asylum seekers are:
- consistent with the 2012 United Nations High Commissioner for Human Rights (UNHCR) Detention Guidelines
- made at a senior level that is high enough to ensure we only detain people in exceptional cases that meet the high threshold, and
- regularly reviewed.
2012 United Nations High Commissioner for Refugees (UNHCR) Detention Guidelines
Decision-making Panel
In response to those recommendations, the Decision-making Panel: Freedom of Movement of Asylum Claimants (the Panel) was established in April 2022. The purpose of the Panel is to ensure that decisions to restrict the freedom of movement of asylum claimants are consistent with the 2012 UNHCR Detention Guidelines and the New Zealand Bill of Rights Act 1990.
The Panel applies a graduated response to the application of restrictions based on the circumstances of the particular claimant, with the default position being that the least restrictions should be applied, proportionate to the perceived level of risk in each case.
Membership of the Panel is determined based on the skills, experience and competencies of particular INZ staff, to ensure:
- integrity of the regulatory system
- the welfare of asylum claimants, and
- mitigation of risks to New Zealand.
The role of Chair of the Panel is currently held by the Acting Associate Deputy Secretary, Immigration. The 2 other Panel members are the General Manager Refugee and Migrant Services and the Principal Advisor Freedom of Movement of Asylum Claimants. The Panel is supported by the Special Counsel, Immigration.
The Panel meets as soon as possible after being notified of a claim. The Panel also meets every 2 weeks, or earlier if required, to review current cases.
Key numbers as at 1 August 2026
Since its establishment in April 2022, the Panel has made decisions on 88 cases.
As a result of decisions made by the Panel, 14 asylum claimants are currently subject to residence and reporting requirements. No asylum claimants are detained under the provisions of the Immigration Act 2009.
Note
Claiming asylum is a separate process from the refugee quota system. People coming to New Zealand under the refugee quota system are recognised as refugees before they arrive and enter as permanent residents. Both pathways allow people with a genuine need to be recognised as refugees and to find a new home in New Zealand.