The result of an extradition case of a man facing people-smuggling charges in Australia should be known on Thursday.
Iraqi-born Maythem Kamil Radhi is wanted in Australia, where it is alleged he was involved in the sinking of the Siev X, a small and overcrowded boat full of refugees that sank off the coast of Indonesia in 2001.
It cost the lives of 353 people, including 146 children.
An Australian court issued a warrant for his arrest in 2011.
Radhi has previously lost appeals in the District Court, High Court and Court of Appeal and his case returned to the Supreme Court in October.
The case may be referred to the Minister of Justice, the Supreme Court was told, but there were concerns that doing this further relinquished the powers of the court and raised complications for the special relationship New Zealand and Australia had for extradition.
Radhi's lawyer Ron Mansfield argued sending him to Australia would be oppressive as he was a mechanic and a panelbeater who had a settled family life in New Zealand.
"There would be the risk that if a trial there did not happen within two years, he would not be able to come back to New Zealand under our visa laws," Mr Mansfield said.