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Stephan Hachemi poses with a picture of his mother Zahra Kazemi in 2003.Andre Pichette/The Globe and Mail

The family of a Canadian photographer who died in an Iranian prison have been granted the chance to have their bid to sue Iran examined by the Supreme Court.

The high court has agreed to hear an appeal from Zahra Kazemi's son, who argues he has the right to sue the Iranian government for allegedly killing his mother and failing to return her body.

In 2003, Kazemi, a Canadian citizen, was taking pictures of protesters in Iran when she was allegedly arrested, detained, tortured and killed by authorities.

Her son Stephan filed a civil suit against the Iranian government on her estate's behalf and on his own, seeking damages.

But the Iranian government had successfully argued before lower courts that they were immune from prosecution.

Kazemi had argued that if that was true, the State Immunity Act was a violation of his rights.