12 October 2004

Crown to appeal Zaoui case

The Crown will be appealing the Court of Appeal decision Attorney-General v Zaoui.

It is important that the test to be applied by the Director of Security when issuing, and the Inspector-General when reviewing, a security risk certificate is clarified.

The Court of Appeal issued declarations stating that the test of “threat to national security” is a very high one, on the basis of an assumption that if such a certificate was confirmed against Mr Zaoui he would be sent back to face persecution.

It was never the intention of the Crown to return Mr Zaoui to a place of persecution, regardless of the outcome of the review by the Inspector-General. Any decision by the Minister of Immigration would take account of New Zealand’s international obligations, including its obligation not to deport people to places where they face torture.

ENDS

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