Crown can appeal against Zaoui ruling

A much-delayed review of whether Algerian refugee Ahmed Zaoui is really a security threat to New Zealand has been stalled until the Supreme Court has another look at the case.

The court yesterday gave leave for the Crown to appeal against a Court of Appeal decision that he could be deported only if there was evidence he was such a danger that his expulsion to Algeria was the only alternative.

Solicitor-General Terence Arnold, QC, told the Supreme Court that the ruling excluded the Government from sending Mr Zaoui to a safe third country if he continued to be found to be a threat to New Zealand security.

Chief Justice Dame Sian Elias said it would be unsatisfactory to leave matters as they were. She set dates for the hearing in early April.

The core of the case relates to the weight the Inspector-General of Intelligence and Security, Paul Neazor, should give to Mr Zaoui's human rights in a long-stalled review of a Security Intelligence Service certificate that says he is a security threat.

The certificate was used to detain Mr Zaoui without charge from his arrival in December 2002 until he was freed on bail in December.

Under the Immigration Act, Justice Neazor must either uphold or quash the certificate on the evidence. If he upholds it, the Government wants to deport Mr Zaoui, who has been declared a genuine refugee by the Refugee Status Appeals Authority.

The former Algerian MP has lived with a Catholic order in Auckland since being granted bail.

Even without today's decision, the review of the SIS certificate was not expected to be finished until the end of the year. Many witnesses will come from overseas.

After the hearing, Mr Zaoui's lead lawyer, Deborah Manning, said there would now be further delays, but it was important for the Supreme Court to clarify the issues.

- NZPA