An alleged people-smuggler has won a reprieve in the Supreme Court and his extradition to Australia now rests in the hands of Justice Minister Andrew Little.
Iraqi refugee Maythem Radhi, who has lived in New Zealand with his wife and three children since 2009, is wanted in Australia on charges related to the sinking of a boat that was carrying asylum seekers from Indonesia to Australia.
The vessel sank and an 353 people died.
He is fighting the extradition based on a section of the Extradition Act that can refer the case to the Justice Minister if extradition would be unjust because of "compelling or extraordinary circumstances".
In a decision released today, the Supreme Court has ruled in his favour in a three to two majority decision.