The Inspector-General of Intelligence and Security has no obligation to consider whether Algerian refugee Ahmed Zaoui faces persecution overseas when reviewing his security risk, the Supreme Court was told today.
Solicitor-General Terence Arnold, QC, told the five judges of the Supreme Court in Wellington that the Immigration Minister should be
the person to consider human rights issues once a security review is completed.
The Government is appealing an October ruling by the Court of Appeal that the inspector-general must take Mr Zaoui's human rights into account when making his decision.
Mr Arnold argued that the Court of Appeal wrongly introduced an element of proportionality prior to consideration of deportation and set too high a threshold for danger to national security.
The decision placed "impermissible restrictions" on the Government's entitlement under the refugee convention to determine its national security interests, he said.
Mr Zaoui, who was released on bail in December, was present at the hearing today and appeared to be in good spirits.
At previous court hearings, Mr Zaoui's supporters, including MPs, reporters and members of Amnesty International, have overflowed to the foyer to watch proceedings on closed circuit television.
In just its second case since it replaced the Privy Council last year, the new court freed Mr Zaoui on bail in December after two years of detention without charge.
His conditions of bail, to live with the Catholic Dominican order in Auckland, have been specially changed for today's hearing. He would report to Wellington police as part of the bail terms while in the capital, his lawyer Deborah Manning said.
The former Algerian MP fled his homeland after a military coup. After a decade in Europe he came to Auckland in December 2002 seeking refugee status but was detained on arrival.
He remained jailed without charge until the Supreme Court freed him, despite the independent Refugee Status Appeals Authority declaring him a genuine refugee. The basis for his detention was a Security Intelligence Service certificate that said he was a threat to national security.
A review of that certificate by the Inspector-General of Security, Justice Paul Neazor, is stalled pending the Supreme Court's decision in the case beginning today.
The Government wants to deport Mr Zaoui but might not be able to. Under the United Nations Refugee Convention it cannot return him to Algeria because his life is in danger there, and other countries appear not to want him.
- NZPA
