Algerian refugee Ahmed Zaoui has been awarded $12,000 costs in a Court of Appeal decision today being hailed by his lawyers as a milestone victory.
The case revolved around whether Mr Zaoui's human rights should be taken into account in a review of the security risk certificate issued against him bythe SIS on the grounds he is a danger to New Zealand's national security.
The Court of Appeal today dismissed the Crown's case, that his human rights did not have to be taken into account, saying there had to be objectively reasonable grounds based on credible evidence that Mr Zaoui constituted a danger to the security of New Zealand "of such seriousness it would justify sending a person back to persecution.
"The threshold is high and must involve a danger of substantial threatened harm to the security of New Zealand."
The 12,000 awarded to Mr Zaoui will go to the Legal Services Agency.
New Zealand's obligations under the Refugee Convention had to be taken into account by the Inspector-General of Intelligence and Security [Justice Paul Neazor] in his review of the certificate.
Mr Zaoui has been jailed for 21 months since arriving in New Zealand on false papers. He was declared a genuine refugee but has remained in prison because of the security risk certificate, issued on the basis of secret information held by the SIS.
Zaoui's lawyer, Deborah Manning, described the court's latest judgment as a landmark decision.
"They are saying it is a very, very high test to meet, which is basically what our argument is," she said.
"Given that Mr Zaoui faces torture and death in Algeria, we say that there must be a very real threat to New Zealand, which we say does not exist."
Ms Manning said both parties would go through the decision in detail, and a Crown appeal to the Supreme Court was a possibility.
She added that there she had no idea of the timetable for the security certificate review.
"I really don't. That's one of the things about this case. The horizon is never clear."
- HERALD STAFF and NZPA
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