Attorney-General v Ahmed Zaoui, Inspector General of Intelligence and Security, and Human Rights Commissioner - SC CIV 19/2004
Summary
Civil appeal - judicial review of the standard to be applied by Inspector General in reviewing a security risk certificate issued under Part A of the Immigration Act 1997 in respect of a refugee who is said to be a threat to national security - whether Inspector General required to take into consideration New Zealand's international obligations, including but not limited to, the Refugee Convention - if so, what standard of risk does international law require before certificate can be confirmed. CA20/04 19 November 2004
Result
Leave to appeal granted.
3 February 2005
_______________________
The first respondent is granted leave to cross appeal. The declarations made by the Court of Appeal are set aside. The Court makes the following declarations: 1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial. 2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.
21 June 2005
3 February 2005
_______________________
The first respondent is granted leave to cross appeal. The declarations made by the Court of Appeal are set aside. The Court makes the following declarations: 1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial. 2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.
21 June 2005
Additional Information
ATTORNEY-GENERAL V ZAOUI And Ors SC SC CIV 19/2004 [21 June 2005]
12 and 13 April 2005
THE ATTORNEY-GENERAL V ZAOUI And Ors CA CA20/04 1 October 2004