Transcript: Parliamentary questions on Rayed Ali

Immigration Minister David Cunliffe responds to Parliamentary written questions submitted by Green MP Keith Locke:


07637 Question:
Why, if Rayed Mohammed Abdullah Ali has a Yemeni passport, was he not returned to Yemen?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Mr Ali has never lived in Yemen. He was born in Saudi Arabia and, except for a period in the United States, he has always resided in Saudi Arabia.

Date Received:29/06/2006


07636 Question:
Was Rayed Mohammed Abdullah Ali deported to Saudi Arabia; if so, was he escorted there by New Zealand Police?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Yes and yes.

Date Received:29/06/2006


07639 Question:
Was the family of Rayed Mohammed Abdullah Ali notified by the New Zealand Government of his return?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: No. It is not normal practice to do so in the case of adults unless that is specifically requested.

Date Received:29/06/2006


07638 Question:
Who was Rayed Mohammed Abdullah Ali handed to at his arrival destination?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: In the case of removal or deportation individuals are not delivered to authorities at their destination. The New Zealand government ensures they have appropriate entry documentation for that country. As normal for removals or deportations, transit and recipient countries were notified of this deportation. The relevant authorities met Mr Ali on arrival but this was not arranged by New Zealand.

Date Received:29/06/2006


07640 Question:
Is the government aware of Rayed Mohammed Abdullah Ali's whereabouts at the present time?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Not formally, but media reports suggest he is in the custody of Saudi Arabian authorities, and has not been mistreated.

Date Received:29/06/2006


07642 Question:
What plans did the government have, if any, to ensure that the human rights of Rayed Mohammed Abdullah Ali were not violated in the country to which he was deported?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: The normal processes to ensure New Zealand meets its

international obligations were applied in this case.

Date Received:29/06/2006


07641 Question:
Has the Government followed up on what has happened to Rayed Mohammed Abdullah Ali since arriving in Saudi Arabia; if so, how and what have they found?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Although it is not normal practice to do so, following public expressions of concern, the Ministry of Foreign Affairs and Trade made enquiries as to Mr Ali's whereabouts and access to his family. To date no response has been received.

Date Received:29/06/2006


07646 Question:
What were the national security reasons for the deportment of Rayed Mohammed Abdullah Ali, under section 72 of the Immigration Act?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: The national security reasons involved New Zealand's appropriate participation in the global response to combating terrorism and in particular denying suspected members or associates of terrorist organisations safe haven and limiting the ability of terrorist organisations to build capacity to carry out terrorist attacks. Accordingly, it was considered that Mr Ali's continued presence in New Zealand was a threat to national security because he was directly associated with persons responsible for the terrorist attacks in the United States on 9 September 2001, because of the nature of his activities in the United States prior to and at that time, and because of the nature of his activities in New Zealand. As the Prime Minister has already stated "I consider it a no-brainer that someone who has been a roommate of a 9/11 terrorist, and who is having pilot training, is here for no particularly good purpose".

Date Received:29/06/2006


07644 Question:
What procedures does the government have in place to ensure that people deported on national security grounds are not deported to torture or cruel and degrading treatment?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Procedures relating to all deportations and removals are designed to ensure that New Zealand responds appropriately to any suggested issues of torture or cruel or degrading treatment. No issues were identified by the government in this case, nor were any raised by Mr Ali.

Date Received:29/06/2006


07643 Question:
Does the government have any concerns about the Saudi Arabia's human rights record; if so, what are the concerns and did they take them into consideration when returning Rayed Mohammed Abdullah Ali to Saudi Arabia?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Any comment on the New Zealand government's international relations is a matter for the Minister of Foreign Affairs.

Date Received:29/06/2006


07648 Question:
If as David Cunliffe stated,"…we don't have any evidence of a specific terrorist threat by the gentleman in New Zealand nor are we saying he was undertaking terrorist activities" why was he deported under Section 72 of the immigration Act?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: I refer the Member to my response to Question for Written

Answer 7646 (2006).

Date Received:29/06/2006


07649 Question:
Was there classified information relating to the Rayed Mohammed Abdullah Ali case; if so, why was section 4A not relied on in regard to his deportation rather than Section 72?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: I cannot comment on security matters.

Date Received:29/06/2006


07647 Question:
Why was Section 72 of the Immigration Act used rather than other sections of this Act relied on in the deportation of Rayed Mohammed Abdullah Ali?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: Section 72 applied to Mr Ali's situation.

Date Received:29/06/2006


07645 Question:
In deciding to allow the deportation of Rayed Mohammed Abdullah Ali what consideration did the Minister give to New Zealand's obligations under Article 3 of the Convention Against Torture (barring extradition or refoulement of people to a country where there is a risk of them being tortured)?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: I refer the Member to my response to Question for Written

Answer 7644.

Date Received:29/06/2006


07652 Question:
Was Rayed Mohammed Abdullah Ali wanted by Interpol, or any other jurisdiction?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: I cannot comment on security matters.

Date Received:29/06/2006


07653 Question:
What opportunity did Rayed Mohammed Abdullah Ali to offer a defence against the claims made against him; what legal representation did he have, before he was deported?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: In accordance with the requirements of the Immigration Act 1987 and the New Zealand Bill of Rights Act 1990 Mr Ali was given the opportunity to consult a lawyer before he was deported. He did not avail himself of that opportunity.

Date Received:29/06/2006


07651 Question:
What of Rayed Mohammed Abdullah Ali's activities in New Zealand made him a threat to New Zealand national security?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:21/06/2006

Answer Text: I refer the Member to my response to Question for Written Answer 7646 (2006).

Date Received:29/06/2006


07909 Question:
What advice was given to Rayed Mohammed Abdullah Ali about his legal rights between his arrest and before he was put on the plane?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:26/06/2006

Answer Text: Mr Ali was provided with advice in writing, which was subsequently read to him and which he acknowledged he understood. This advice explained that in accordance with the Immigration Act 1987 and the New Zealand Bill of Rights Act 1990 he had the right to consult and instruct a lawyer without delay. He was also advised that the Police would ensure that he was provided a list of lawyers from which he could select a lawyer to contact free of charge if he wished."

Attachment: None

Date Received:29/06/2006


07908 Question:
Did Immigration New Zealand, at any stage of the deportation process regarding Mr Rayed Mohammed Abdullah Ali arrange legal representation for him or offer such legal advice and assistance to him?

Portfolio: Immigration

Minister: Hon David Cunliffe

Date Lodged:26/06/2006

Answer Text: I refer the Member to my response to Question for Written Answer 7653 (2006).

Date Received:29/06/2006