Let Iranian stay and cook, says National

Hossein Yadegary

The National Party has thrown its weight behind calls for an Iranian chef in jail to be given residency instead of a deportation order.

National immigration spokesman Lockwood Smith said last week's decision by Associate Immigration Minister Clayton Cosgrove not to intervene against an expulsion order for Hossein Yadegary appeared illogical.

Mr Yadegary was a qualified chef - a job the Immigration Service had on list of skills shortages - and he had, on the face of it, made a good case to stay in the country.

He has been in Auckland Central Remand Prison since November 2004, waiting for Mr Cosgrove to decide his appeal against expulsion.

But he cannot be deported until he signs an application for an Iranian passport, which he refuses to do.

Mr Yadegary has converted to Christianity and fears persecution if he returns to Iran.

Successive attempts to gain refugee status have failed and it now appears he could remain in prison indefinitely.

His lawyer, Isabel Chorao, confirmed yesterday she now planned to take the matter to the High Court, arguing that his indefinite suspension was unlawful.

Dr Smith lent his support to Mr Yadegary yesterday, after questioning Mr Cosgrove in Parliament about the issue.

Embarrassingly for the Government, Dr Smith focused on previous attempts by two Labour ministers to support Mr Yadegary's case in their capacity as Auckland MPs - Phil Goff and current Immigration Minister David Cunliffe.

Dr Smith uncovered a letter sent by Mr Cunliffe to then-Associate Immigration Minister Damien O'Connor in 2004 which argued Mr Yadegary could expect "severe repression in Iran" if he returned.

Mr Cosgrove said Mr Cunliffe had made the representations as an MP and they had been treated on their merits.

"New Zealand relies on advice from the United Nations High Commissioner for Refugees in respect of the appropriateness of repatriating foreign nationals to countries. There has been no advice from that organisation indicating repatriation to Iran is inappropriate ... He has legally exercised his rights. He's failed. If he chooses to remain, then he has to choose to remain in custody."

Dr Smith said Mr O'Connor had been prepared to remove barriers to allow a tiler, Sunan Siriwan - who similarly had applications for refugee status rejected - to apply for a work permit because of labour shortages, after a representation by MP Taito Phillip Field.

A similar dispensation should be made for Mr Yadegary, he said.

Green MP Keith Locke made similar observations.

Ms Chorao said she did not believe Mr Yadegary would meet the qualifications requirement for chefs on the skilled migrant list, but said he could easily acquire those qualifications if released from jail.