Somali man's deportation halted by interim court order

A Somali man was today granted a temporary reprieve from deportation just hours before he was due to be sent back to his home country.

A removal order was issued last month against Abdikarim Ali Haji, who has lived in New Zealand for five years. The 28-year-old asylum-seeker would have been the first Somali person deported from this country.

Today a High Court judge granted an interim order that Mr Haji not be removed until a report was received from the United Nations High Commission for Refugees on the removal of people to Somalia.

Mr Haji's lawyer, Claudia Farry, said she was enormously relieved the application had been granted. She had only been informed of Mr Haji's departure this morning.

"He was absolutely terrified. This is a pretty significant situation. It's unprecedented as this is the first Somali who faced removal from New Zealand."

America, Britain and Australia all had a policy that it was not safe to remove anyone to Somalia as the country had no functioning Government and was in a state of anarchy, she said.

Ms Farry had not spoken to Mr Haji but understood he would be taken back to Auckland Central Remand Prison. He had been in prison for the past three months.

"It's hard to say we are happy, it's an interim order. We are relieved we have managed to stave off his removal today. We hope after consideration of the report the position of the minister might be reconsidered."

She anticipated the report would be received within the next couple of weeks.

Associate Immigration Minister Damien O'Connor said he was "perfectly comfortable" with the High Court ruling and would wait for the United Nation's guidelines.

"Cases are considered on an individual basis in New Zealand. We don't make calls on peoples' lives just on policy. We will consider all advice at the time we receive the report."

About 25 people, mainly Somalis, were at Auckland International Airport to protest against Mr Haji's deportation but called the protest off after hearing news of the court order.

Neville Kay from the Reunity Trust refugee support group said the group, including members of the Somali Association, were "cautiously pleased" but Mr Haji's fate depended on how much notice the Government took of the UN report.

Mr Haji applied for residency on his arrival five years ago. While he awaited the outcome of his application he had obtained the necessary work permit to be continuously employed.