Iranian overstayer sent back to prison In New Zealand
18 November 2006


An Iranian overstayer was yesterday sent back to Mt Eden Remand Prison where he has spent the past two years because he refuses to return to his homeland for fear of persecution.

Immigration Department lawyers successfully argued Hossein Yadegary – also known as Thomas Yadegary since converting to Christianity – should continue to be detained.
Mr Yadegary, a chef, has been in custody awaiting deportation since the dismissal of his appeal to the Refugee Status Appeal Authority in October 2004.
The Immigration Department have to appeal before the court every month to keep him in detention.
Mr Yadegary refuses to sign travel documents, which the Iranian authorities require, allowing him to be deported back to Iran.
Mr Yadegary stood in court yesterday and told the judge he was too scared to go back to Iran because of the persecution he will face for converting from Islam to Christianity.
"I accept the Lord in my heart but if I was to go back to Iran I would be tortured, abused, or assaulted," Mr Yadegary said.


However Judge Robert Kerr said in order for Mr Yadegary to be released from prison to apply for refugee status on humanitarian grounds, he would need to prove his was an exceptional circumstance.
Judge Kerr said an example of this would be severe mental or physical health problems or an extreme humanitarian situation.
Mr Yadegary's lawyer, Isabel Chorao, said her client posed no flight risk, he had a wealth of support from the Catholic church and he had spent two years incarcerated for no crime.
"I regret to say however, these are not exceptional circumstances, and I'm required to apply the law," Judge Kerr said.
He said he granted the warrant of committment application, to be reapplied for in 28 days on December 15.
Immigration Department lawyer Emma Cotton argued Mr Yadegary was detained because he was illegally in New Zealand and had refused to co-operate with the department.
She said his three previous applications for release had also been declined.
Ms Cotton said Mr Yadegary was refused refugee status after arriving in New Zealand in 1993 and has since "exhausted all available remedies".