VANCOUVER — An Iranian refugee claimant who spent almost three years in sanctuary in a Vancouver church before being arrested on the weekend is suddenly a free man.

The Canada Border Services Agency released Amir Kazemian from custody Monday after Citizenship and Immigration officials granted him permanent resident status on humanitarian and compassionate grounds.

The surprise ruling came after the Saturday arrest of the 41-year-old man by Vancouver police at St. Michael's Anglican Church.

Kazemian, who claimed he'd been tortured in Iran, had been living in the church since June 2004 when he sought sanctuary from a deportation order.

He was taken into police custody Saturday after officers discovered an outstanding arrest warrant while responding to his complaint about harassing phone calls.

Government officials say the ruling means Kazemian is "a free man" who doesn't have to return to the church.

"His lawyer had submitted on his behalf an application back in early January and that was decided and that was communicated to Canada Border Services Agency this morning," said Lois Reimer, communications director for Citizenship and Immigration Canada.

"We have decision-makers that look at all the facts presented and make a decision. And in this case they decided favourably."

Kazemian was held in Canadian Border Services Agency cells in Richmond, B.C., before being brought to the agency office downtown Monday.

"He's a free man," said agency spokeswoman Janis Fergusson.

"He was advised that he'd received a positive decision from Citizenship and Immigration Canada, which we received this morning, so in turn we advised the client of this decision and we would not take any removal action because of this decision."

Kazemian arrived in Canada in 1998 after leaving his parents in Iran.

His mother was accepted as a political refugee but he was not. His father now lives in England near Kazemian's sister.

Kazemian's lawyer, Naomi Minwalla said after his arrest that police and border officials had always respected the tradition of church sanctuary.

In the past, the Canada Border Service agency has respected church sanctuaries.