PNG opposition wants the Assylum seekers to join suit
PNG Opposition wants Assylum seekers to join suit. Image credit: (oppositionpng facebook) |
THE lawyers challenging the
constitutionality of the Australian detention centre on Papua New
Guinea's Manus Island say they are seeking to invite the asylum seekers
there to join the legal action.
One of the lawyers acting on behalf of PNG's opposition leader,
Belden Namah, said on Wednesday he had received instructions to ask the
asylum seekers to join the application against the centre.
Mr
Namah's lawyer, Loami Henao, said they were seeking permission to visit
the temporary detention centre on Manus to interview detainees for this
purpose.
The lawyers were also seeking a temporary injunction in
the Court of Human Rights of the National Court against any further
transfers on the grounds the 274 detainees were being held illegally
under PNG's constitution.
Justice David Canning said he would rule on the temporary injunction at 1200 AEDT on Thursday.
The
government's lawyer, Peter Kumen, said the Migration Act gave Minister
of Immigration Rimbink Pato the power to create a processing centre.
He also argued that the case was a matter for the Supreme Court, and not the National Court circuit.
Justice Canning disagreed.
"These people are detained, aren't they?" Justice Canning asked.
"They
can't go to the beach and do a bit of fishing unless they get
permission ... they can't just walk out and have a spin around."
"It appears there is in excess of 200 people being detained."
"This is a case where these refugees did not come into the country of their own accord," Mr Henao said on Wednesday.
"They were seeking asylum in another country. They are asylum seekers as far as Australia is concerned.
"They are not asylum seekers as far as PNG is concerned."
The
state did not have the right to detain asylum seekers without giving
them access to a lawyer of their choosing, Mr Henao added.
AAP
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