KEY POINTS:
Two and a half years ago, Thomas Yadegary was arrested as an overstayer and incarcerated in Mt Eden Prison where he has been all this time. Yadegary was not charged with, or convicted of, any crime. Instead, he was held awaiting deportation after failing to win refugee status. Yadegary feared for his life if he was returned to Iran and refused to sign an application for an Iranian passport which meant he couldn't legally be deported.
Last Thursday the Auckland High Court ordered the young Iranian chef, who once cooked for Bill Clinton, released. Yadegary spent nearly 900 days and nights in a cell without charge or trial. Does that remind you of a detention centre near Cuba?
The Government was determined to keep Yadegary, a political refugee, in prison indefinitely to try to force him to capitulate and sign what he believes would be his execution order.
Associate Immigration Minister Clayton Cosgrove blames Yadegary for his plight by saying: "If he chooses to remain [in New Zealand] then he chooses to remain in custody." This is in spite of the fact that many agree with Amnesty International that as Yadegary has converted to Christianity, his life is at risk if he returns to Iran.
In 2004, MP David Cunliffe wrote a passionate letter supporting Yadegary as a genuine political refugee who mustn't be sent back. Cunliffe wrote that Yadegary would face severe repression in Iran and any decision to deny him refugee status would be wrong. But once Cunliffe became Minister of Immigration he turned his back on Yadegary and left him alone in prison. Last week Yadegary's lawyers got a letter from Cunliffe refusing to help or be involved.
But the Auckland High Court had had enough of this behaviour and directed that Yadegary be released.
The ruling only confirms a similar decision in December when a judge ruled that Yadegary be released.
For some reason, the Crown lawyers claimed to be confused about whether the judge really meant Yadegary was allowed out of prison.
As a result, Yadegary got to spend another four months imprisoned until another date in court could be arranged so the Crown could have the judge's decision clarified.
The Crown has also applied for the court's ruling to be suppressed.
It's a bit like the Ahmed Zaoui case where the Crown seems to be hiding information from the public. I don't think it has anything to do with state security but everything to do with covering their butts.
The Government and the Immigration Service lawyers aren't the only ones who have acted abysmally.
The Refugees Status Appeals Authority ruled that, whilst there was religious suppression in Iran, it was okay to deport Yadegary because he is Catholic. They added, however, that if Yadegary were Protestant it would not be okay to send him back as he might get involved in evangelical activity. Good grief.
They ignored a February 2006 Amnesty International report that, since President Ahmadinejad's election, members of Iran's religious minorities have been killed, detained, or harassed because of their faith. Everyone involved vouches Yadegary's conversion is genuine.
Even if we ignore the religious factor, there are even stronger reasons why Yadegary should have been granted refugee status.
His father was involved in suppressing Islamic revolutionaries before they came to power. An older brother was imprisoned for political activities and former associates have been executed. In 1986 Yadegary was arrested and lost his job because of anti-revolutionary activities. Yadegary was shot at on the street by Iranian authorities and his home was raided three times.
Amnesty International wrote to the Government saying Iran wasn't safe for Yadegary and New Zealand would breach its international human rights responsibilities if it returned him. The letter cites recent incidents where converts to Christianity have been victimised in Iran.
Yet refugee authority members ignore all this and claim Yadegary has nothing to fear. Where does the Government find these people?
Anyway, Yadegary is now free on bail for Easter and no doubt attending church with his friends and supporters. The Crown insisted that strict bail terms apply and Yadegary has a 7pm-7am curfew and is required to report to police three times a week.
The restrictions aren't as severe as those of high-profile political refugee, former Algerian MP Ahmed Zaoui, but both have harsher bail conditions than our local violent criminals. Do our authorities think Yadegary and Zaoui are going to sneak out of the country?
There is something very wrong about our immigration laws and refugee management when we can't see a genuine case of political asylum when it's so bleeding obvious. Even more concerning are reports there are several similar cases of asylum seekers secreted in prison.
The treatment of Yadegary should make all New Zealanders ashamed. This weekend we get a couple of days off in recognition of the execution of Jesus Christ because of his faith. It seems some of our rulers haven't learnt much in 2000 years.
Happy Easter, ministers Cosgrove and Cunliffe.
