Australia’s offshore detention regime on PNG faces another legal challenge next week, with the possibility the supreme court in Port Moresby could order that the men held on Manus Island be compensated for their three years of illegal detention.
A second challenge to the constitutionality of the offshore detention arrangements on Manus has been brought by lawyer Ben Lomai, on behalf of more than 300 of the detained men.
The case is before the supreme court Monday.
Lomai’s case is on similar grounds to the successful challenge brought by PNG opposition leader Belden Namah, which argued the detention regime on Manus breached Section 42 of the PNG constitution guaranteeing a person’s right to liberty. The full bench of the court ruled unanimously this week that the Manus detention centre was unconstitutional and illegal.
But in addition to the Namah action, Lomai has argued that other human rights safeguarded in PNG’s constitution – the right to freedom of movement, freedom from inhuman treatment, as well as the right to access PNG courts and a lawyer – are breached by the detention regime.
Lomai has argued before the court that the asylum seekers have been denied these fundamental rights and that PNG is required to release the men back to their first port of entry, Australia.
Lomai is also seeking orders for “reasonable compensation” for all detainees on Manus.
Lomai told the Post Courier newspaper in PNG that, given the supreme court had already ruled the men’s detention on Manus was illegal, his case could proceed to assessing the amount of compensation.
“We can go straight to assessing reasonable compensation without having to prolong the case any further,” Lomai said.
“We might seek orders also to appoint a registered international mediator to mediate reasonable compensation and get the supreme court to sanction the agreed computation.”
Lomai said some of the men he represented still wanted to go to Australia, while others were looking for third countries in which to be resettled.
PNG prime minister, Peter O’Neill, said the custody and care of the 905 men currently held on Manus was the responsibility of Australia.
“Papua New Guinea will immediately ask the Australian government to make alternative arrangements for the asylum seekers currently held at the Regional Processing Centre.”
But Australia’s immigration minister, Peter Dutton, said that he believed PNG could continue “operating a facility of some description”, and, regardless, any move to close the Manus detention centre, that would likely take “a couple of months”.
Dutton has also said Nauru has “capacity” to accept more refugees and asylum seekers, and has been quite specific in his language saying that no-one from Manus would ever be “permanently resettled” in Australia, seemingly leaving open the possibility that people could be brought to Australian territory, such as Christmas Island, for processing.
