Immigration Minister David Cunliffe says he believes an Iranian overstayer would be safe if deported to his home country, despite his conversion to Christianity.
Mr Cunliffe said today that he accepts immigration officials' assurances of Hossein Yadegary's safety.
Associate Immigration Minister Clayton Cosgrove has turned down Mr Yadegary's application for
a discretionary visa, despite Mr Cunliffe -- as MP for New Lynn, before he became Immigration Minister -- arguing he should stay.
Mr Yadegary, a chef, has been in custody awaiting deportation since the dismissal of his appeal to the Refugee Status Appeal Authority in October 2004.
But his supporters, who include prominent members of the Catholic Church, say he risks harm or death if he is sent back to Iran, due to his conversion to Catholicism in 1997.
It is a point echoed in a November 2004 letter from Mr Cunliffe to then Associate Immigration Minister Damien O'Connor.
In the letter he said Mr Yadegary, baptised as Thomas, was an active member of Auckland's church community and had a desire to "spread the light" -- a desire that would put him in danger in Iran.
He said a key test applied by United States authorities was whether a refugee claimant was likely to maintain an active faith in Iran if returned.
But Mr Cunliffe today said he was not aware of all the facts when he made his initial representation. "I'm aware of a whole range of facts now that I was not aware of then and I have confidence in the process the department is engaged in," he told reporters.
"I made representations on behalf of a constituent based on the information I had at the time and in good faith as an MP, but there is always other sides to a story."
Mr Cunliffe said several appeals bodies had considered the case and decided the risk Mr Yadegary would face on returning to Iran did not warrant refugee status.
Mr Cunliffe has not been involved in any formal consideration of the case.
Mr Yadegary is continuing to be held in custody because he refuses to be deported back to Iran voluntarily and does not hold a current passport -- meaning he cannot be forcibly deported.
He was refused refugee status after arriving in New Zealand in 1993 and has since exhausted every appeal avenue available to him.
National Party immigration spokesman Lockwood Smith and several human rights and immigration advocacy groups believe he should be allowed to stay.
- NZPA
