Lawyers representing Algerian refugee and asylum seeker Ahmed Zaoui will appeal a High Court decision that refused bail or his transfer to the Mangere Refugee Detention Centre.
Mr Zaoui's lawyer Deborah Manning said an appeal was filed yesterday, Tuesday August 3, and that a future date for Court Of Appeal proceedings will likely be indicated later this month.
On Friday 16 July 2004, Auckland High Court judge Justice Paterson ruled that Ahmed Zaoui ought not be bailed or transferred to the Mangere Refugee Detention Centre. He also dismissed a Habeas Corpus case of wrongful ongoing imprisonment. Click here for the High Court decision
Justice Paterson ruled that anyone subject to a Security Risk Certificate will be detained indefinitely without bail and without recourse to Habeas Corpus.
There was a possibility of discretion as to where a Security Risk Certificate recipient could be held. But Justice Paterson said this other place of detention would “have to be as secure or more secure than a penal institution”.
Justice Paterson did not explain exactly what sort of detention facilities would be needed to contain an alleged risk to national security, while the recipient of a security risk certificate awaits review. Ahmed Zaoui has been held in New Zealand prisons since December 2002 - much of that time in solitary confinement.
Justice Paterson also considered the Department of Corrections could somehow increase security at an institution managed by the New Zealand Immigration Service: "…if the Department of Corrections was prepared to increase the security at the Mangere Centre, a transfer [of Mr Zaoui from Auckland Central Remand Prison] could be effected by agreement." It is not clear operationally if this is possible.
The judgement left more questions than answers.
Ahmed Zaoui is awaiting another Court Of Appeal judgement that will detail whether the inspector general of intelligence and security ought to consider his human rights while reviewing the security risk certificate issued against him by the New Zealand Security Intelligence Service.
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