Attorney-General Margaret Wilson today announced the Crown would appeal the Appeal Court's recent decision on Algerian refugee Ahmed Zaoui.
The court ruled on October 1 that Mr Zaoui's human rights should be taken into account when his security risk is assessed.
Justices Anderson, Glazebrook and William Young unanimously rejected an appeal bythe Attorney-General against a High Court decision.
Ms Wilson said it was important that the test to be applied by the Director of Security when issuing a security risk certificate and the Inspector-General when reviewing one be clarified.
"The Court of Appeal issued declarations stating that the test of 'threat to national security' is a very high one, on the basis of an assumption that if such a certificate was confirmed against Mr Zaoui he would be sent back to face persecution," she said in a statement.
"It was never the intention of the Crown to return Mr Zaoui to a place of persecution, regardless of the outcome of the review by the Inspector-General.
"Any decision by the Minister of Immigration would take account of New Zealand's international obligations, including its obligation not to deport people to places where they face torture."
It was therefore important that the ruling be clarified by the Supreme Court.
Mr Zaoui, a former Algerian MP who fled that country after a military coup, has been in custody since his arrival in New Zealand in December 2002.
He is being held on the basis of a Security Intelligence Service security risk certificate, despite a declaration by the Refugee Status Appeal Authority last year that he was a genuine refugee.
The Inspector-General of Intelligence and Security, Justice Paul Neazor, is reviewing the certificate, which if confirmed could lead to Mr Zaoui's expulsion.
- NZPA
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