UPDATE - The Supreme Court in Wellington this afternoon said Algerian refugee Ahmed Zaoui can apply for bail.
It was delivering its judgement on whether to overturn the Court of Appeal's majority decision to deny him bail.
Because Mr Zaoui is being held under the immigration act the courts could allow him bail, Chief Justice Dame Sian Elias said.
The case would usually heard by the High Court, but Dame Sian said that because of delays it would go before the Supreme Court. A hearing has been set for December 9.
The failure to charge with an offence in the two years he has been in custody in New Zealand was criticised at a public meeting at Waikato University last night.
Mr Zaoui arrived here from Malaysia in December 2002 with a false South African passport, claiming refugee status. He was declared a security threat, put in jail in Auckland, and has never been told of the charges against him.
About 50 people attended last night's Hamilton meeting, including Mr Zaoui's lawyer Deborah Manning and MPs Matt Robson and Keith Locke.
Ms Manning said Mr Zaoui's case was now stalled while the Security Intelligence Service (SIS) carried out a review of the security risk certificate issued against him.
Ms Manning said it was ludicrous and totally without precedent that a person could be held for two years in New Zealand without conviction.
Hamilton woman Danna Glendining said that irrespective of the politics involved, Mr Zaoui was held in jail without charge.
"That's the sort of thing you read about (as happening) in other countries. I don't know if he's done any of the things the SIS say but he deserves to know what he is charged with."
- NZPA, NEWSTALK ZB
Zaoui given leave to apply for bail
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