to ensure that VoTs are not detained. In Canada, immigration officials of the Canada Border Services Agency (CBSA) makes the decision to detain if there are reasonable grounds to believe the person falls within a pre-defined category, such as a risk of absconding or a risk to the public. After someone is detained, the CBSA must bring the person before the Immigration Division of the Immigration Refugee Board within 48 hours (or as soon as possible afterwards) for a review of the reasons for detention.91 This would be a point at which the individual could raise that they are a VoT. In the USA, initial detention is mandatory for certain asylum-seekers apprehended upon entering the USA.92 These asylum applicants can be released from immigration detention and paroled on a caseby-case basis for “urgent humanitarian reasons” or “significant public benefit”, provided they do not pose a security risk or absconding risk. This includes asylum applicants who have serious medical conditions where detention would not be appropriate.93 However, the policy does not indicate clearly whether any measures are in place to ensure that those with serious medical conditions are identified once they are in immigration detention. This concern was raised by the IRCT member centre in Northern Virginia, NVFS. It reported in its response that the Department of Homeland Security is supposed to screen detainees for torture, but, in practice, still detains many VoTs. In the Pacific, Australia and New Zealand have contrasting policies in relation to detaining asylumseekers. In Australia, under the Migration Act 1958 asylum-seekers who arrive on the Australian mainland without a valid visa must be held in immigration detention until they are granted a visa or removed from Australia. In addition, asylum-seekers arriving in excised offshore places, for example, those arriving by boat, are also subject to mandatory detention. Immigration detention in Australia is indefinite – there is no limit in law or policy to the length of time for which a person may be detained, and many asylum-seekers are detained for long periods. As of 31 August 2013, there were 8,732 people in immigration detention facilities and alternative places of detention. According to government sources, the average period of time for people held in immigration detention (not including alternative places of detention) is around 90 days.94 In New Zealand measures are taken to avoid the detention of VoTs. However, current proposals are being discussed in Parliament to introduce mandatory detention for groups of asylum-seekers arriving by sea, similar to the policy followed in Australia. The Commission for Human Rights is concerned that the bill and associated policy changes unduly penalise asylum-seekers for irregular entry to New Zealand in clear breach of Article 31 of the Refugee Convention. In addition, they are concerned that the proposed provisions will result in arbitrary detention in breach of both New Zealand’s obligations under the ICCPR and Section 22 of the New Zealand Bill of Rights Act. The Commission has also voiced its concerns about the proposed blanket suspension of applications from nationals of specific countries, without considering whether they should be provided international protection. This proposal is discriminatory and violates the right to seek asylum as guaranteed by international law.95 The proposal to move towards a similar detention policy as followed by Australia is concerning, as it fails to take into account the harmful health and social implications of long-term detention.96 Recognising victims of torture in national asylum procedures / 53