Attorney-General v Zaoui

[2005] NZSC 5

IN THE SUPREME COURT OF NEW ZEALAND

SC CIV 19/2004
[2005] NZSC 5

BETWEENTHE ATTORNEY-GENERAL

Appellant

ANDAHMED ZAOUI & ORS

First Respondent

ANDINSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY

Second Respondent

ANDHUMAN RIGHTS COMMISSIONER

Intervener

Court:Elias CJ and Keith J

Counsel:T Arnold QC and K L Clark for Appellant

R E Harrison QC and D Manning for First Respondent

Hearing:3 February 2005

Judgment:22 February 2005 

JUDGMENT OF THE COURT

AAs stated at the hearing, the Court grants leave to appeal in respect of the following declarations made by the Court of Appeal:

(1)     The security criteria in s 114C(6)(a) of the Immigration Act 1987 will be met only if there are objectively reasonable grounds based on credible evidence that Mr Zaoui constitutes a danger to the security of New Zealand of such seriousness that it would justify sending a person back to persecution. The threshold is high and must involve a danger of substantial threatened harm to the security of New Zealand.

(2)     There must be a real connection between Mr Zaoui himself and the prospective or current danger to national security with an appreciable alleviation of that danger capable of being achieved through his deportation.

BIn accordance with the agreement of counsel for the appellant and first respondent, the Court fixes the following timetable:

(a)Submissions on behalf of the Attorney-General will be filed and served by Friday, 11 March 2005;

(b)Submissions on behalf of the first respondent and intervener will be filed and served by Friday, 1 April 2005.

(c)The hearing will be on Tuesday and Wednesday, 12 and 13 April 2005.

Solicitors:

Crown Law Office, Wellington for Applicant
McLeod & Associates, Auckland for First Respondent