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Posted

See these two stories, and then see if you wonder, as I do, at the logic that is behind these "decisions":

Number 1:

http://www.pakistanchristianpost.com/newsv....php?newsid=609

Death fears over NZ plans to deport Iranian Catholic

Auckland: October 11,2006. An Iranian-born Catholic convert imprisoned in New Zealand after his application for asylum was rejected faces indefinite detention over his refusal to apply for a new passport that would enable authorities to deport him to Iran where the law punishes conversion with death.

The New Zealand Herald reports that Hossein Yadegary, 37, has been in Auckland Central Remand Prison since November 2004, waiting for Associate Immigration Minister Clayton Cosgrove to decide his appeal against expulsion.

Mr Cosgrove has finally decided not to intervene. But Mr Yadegary - and another Iranian Christian who has been in jail for 28 months - cannot be deported until they sign applications for Iranian passports.

The men refuse to do so and face indefinite detention as a result.

Global Peace and Justice Auckland spokesman John Minto said the treatment of the Christians was "our own little Guantanamo Bay right here in the heart of Mt Eden".

The Catholic Bishop of Auckland, Patrick Dunn, also said yesterday that he was "very opposed" to keeping Mr Yadegary in jail. He said he had been a "model citizen".

Mr Yadegary`s lawyer, Isabel Chorao, is considering a legal challenge to his indefinite detention through a writ of habeus corpus, a 900-year-old provision in English law against "arbitrary or unlawful" detention.

She said immigration laws allowed the Government to jail Mr Yadegary because his claim for refugee status had been rejected, so he was in New Zealand illegally.

"My view is that that allows him to be held in prison so he can be put on the next aircraft - but that doesn`t mean that they can hold him there for the rest of his life," she said.

Mr Cosgrove declined to elaborate on his decision not to intervene.

Mr Yadegary told the Refugee Status Appeal Authority that he fled from Iran in August 1993 after getting a letter telling him to report to the authorities.

(for rest of article go to link)

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Number 2

http://www.stuff.co.nz/3950970a6000.html

Gay asylum seeker can stay despite lying

A gay refugee who admitted repeatedly misleading immigration officials has been allowed to stay in New Zealand because he faced execution as a homosexual if sent back to Iran.

Ahmad Tahooni, 39, from Tehran, arrived in New Zealand in 2000. He claimed to have fled Iran out of fear of political persecution for his involvement in student demonstrations - a story he later admitted was false.

He was denied asylum and an appeal was dismissed in 2003 when his account was deemed "implausible in the extreme". He lodged a second appeal on the grounds he was gay.

Too embarrassed to disclose his homosexuality at the time of his first application in 2000, Mr Tahooni had "evolved into a confident - even flamboyant - man" able to express his sexual orientation without inhibition, the Refugee Status Appeals Authority said.

Mr Tahooni told The Dominion Post he lied because, coming from a "closed country", he felt unable to acknowledge his true sexuality.

"When I arrived here I gradually learnt not to live life in a closet any more. I was inspired by the freedom here," he said.

Though his second appeal also contained false evidence, the authority agreed Mr Tahooni was genuinely gay and could face death or imprisonment if he was returned to Iran.

An active member of the Auckland gay scene, he frequented gay clubs and parties, plucked his eyebrows, and changed his hair colour "like the four seasons".

"He is unable, and not required, to act discreetly in order to avoid being identified as a homosexual. His current lifestyle is in stark contrast to the atmosphere of intimidation created in Iran, including through public executions of gays," the authority said.

The former garment trader and investor told the authority if he returned to Iran, his conservative and deeply religious father would hand him over to authorities.

He described a history of clandestine same-sex relationships, dating back to his second year at high school in Iran. He had been arrested twice - once while watching a pornographic video at a boyfriend's apartment and again just weeks later in a public park known as a homosexual haunt.

The first time he was freed only after the intercession of his influential brother-in-law and the second time after bribing officials.

He also described being videotaped parodying the sexuality of two prominent Iranians, saying the discovery of the tape had increased the danger to him - but later admitted fabricating that incident out of fear his homosexuality alone would not be sufficient for refugee status.

In a December decision, the authority said notwithstanding the false evidence presented by the refugee on several occasions, his family in Iran "abhorred" his sexuality, and there was "a real chance" he would be persecuted if he returned.

Neil Denney, of the Auckland Gay and Lesbian Welfare Group, said many prospective refugees initially felt they had to hide their homosexuality to avoid a backlash from their ethnic community here.

A spokesperson for the Iranian community in Auckland, Mouzhgan Shabani, said the Iranian Government would have learned of Mr Tahooni's refugee application and his homosexuality, and if he was sent back "100 per cent he would die".

(for rest of article go to link)


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Posted

Although in the second instance, the man lied about his initial application for asylum, I would not send him back to certain death. And of course I think the Christians should get asylum.

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