Zaoui's fate up to politicians, claims lawyer

Ahmed Zaoui

The fate of Algerian refugee Ahmed Zaoui may end up in the hands of politicians and "refugees don't buy votes", says his lawyer Deborah Manning.

Ms Manning was commenting on the Supreme Court decision released yesterday which supported the Crown's view that the Inspector-General of Intelligence and Security, Paul Neazor, did not have to take into account Mr Zaoui's human rights when he reviewed his alleged security threat.

In a unanimous decision, the court said the Inspector-General's function was only to determine whether the relevant security criteria were satisfied. "He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand," the decision said.

Prime Minister Helen Clark said the Supreme Court's judgment was a victory for the Crown. "It is clear from the Solicitor-General's first reading of the decision that the Crown's submissions have been upheld. Obviously we are very pleased with that."

Ms Manning said it was a disappointing finding which could leave Mr Zaoui at the mercy of politicians such as Winston Peters, who were clearly against him.

"He is absolutely vulnerable to becoming a political football. I've been seeing how the immigration issue has been handled this election."

If the security certificate issued by the Director of Intelligence and Security was upheld then the deportation decision would be placed in front of the Immigration Minister of the time. Ms Manning said that although the minister would have to take into account Mr Zaoui's human rights, they would have been better considered by the Inspector-General because he was an independent and impartial judicial figure.

Unlike the minister, he had access to classified information and could hear from witnesses first-hand.

Ms Manning said there were positive aspects to the Supreme Court decision, including that it confirmed the high thresholds set by the Court of Appeal that there must be objectively reasonable grounds to find Mr Zaoui posed a serious threat to the security of New Zealand. The threatened harm also had to be substantial.

Ms Manning said the judgment made it clear the minister was under no time pressure to reach a decision about whether to deport Mr Zaoui, and had to give reasons for it.

The minister was not able to send Mr Zaoui back to Algeria, because his refugee status granted in 2003 confirmed threats to his safety, but there were concerns he might be sent to another country.

Ms Manning said such arrangements had been known to fail despite diplomatic assurances.

"We know they have been in secret talks going on for about a year but they refuse to tell us anything."

Helen Clark said that after a delay of more than two years the Inspector- General could now consider whether the security certificate should be upheld, but she did not expect he would be able to complete his work before an election.

She said the Government did not deport people to places where they would be persecuted.

Helen Clark said there had been cases where people seeking to live in New Zealand had lost all proceedings to have them removed, but were still allowed to stay because there was nowhere for them to go. She confirmed that a review of the relevant law would still go ahead to ensure cases such as those of Mr Zaoui did not take so long.

What next for Zaoui

* Inspector-General of Security Justice Paul Neazor can now proceed to review evidence that caused the Security Intelligence Service to declare Mr Zaoui a threat in 2003.

* If upheld the Immigration Minister decides whether to deport Mr Zaoui but has to take into account his safety.

* Under international law Mr Zaoui cannot be sent back to Algeria where his life is at risk, but he could potentially be sent to another country.

* His future is not expected to be resolved before the election.