Dismissal of asylum seekers' case saves K1.3 billion

 The dismissal of legacy issues between the asylum seekers and State at the Waigani National Court on Monday has saved the PNG and Australian governments from paying the asylum seekers more than K1.3 billion.

Justice David Cannings, in dismissing the matter between Rashid Dulla and former Immigration minister Petrus Thomas and 642 related matters in the schedule of the case, said: “The lawyer representing the asylum seekers has failed to attend the court and showcase why these matters should not be summarily determined for want of prosecution.

“I am satisfied that the lawyer representing the asylum seekers was given a clear court order to attend today.”

This matter follows a court order issued by Justice Cannings on Dec 2 for the lawyers representing the two parties to appear before court to show cause why the matters should not be summarily determined for want of prosecution.

Since 648 asylum seekers have filed individual court proceedings against Thomas and the State in 2019 in breach of their constitutional rights to claim K2 million each.

The asylum seekers complained that they were unlawfully detained in Manus by the Australia and PNG governments after the signing of the second memorandum of understanding (MOU) on Aug 5, 2013.

The second MOU follows the announcement by former Australian prime minister Kelvin Rudd not to allow boat arrivals to resettle in Australia.

The Supreme Court decision of April 26, 2016, on Opposition Leader Belden Namah’s complaint against Thomas concerning people of different nationalities who sought refuge in Australia but got transferred and held in Manus against their will, stated:

“The refugees transferred and held in the camp is contrary to their constitutional rights of personal liberty guaranteed by Section 42 of the Constitution and also ultra vires the power available under the Migration Act.”

In 2019, the state and the asylum seekers moved respective applications to dismiss 20 matters of test case for the want of compliance, with the right to liberty and security which was refused by Justice Cannings on the basis that the claimed notice by asylum seekers was sufficient for the right to liberty and security.

“They are also entitled to full protection of the law and that the court should not drive them away from the judgement seat because of a technicality,” Justice Cannings said.

Bradshaw Lawyers on Aug 19, 2019 representing the State, filed an appeal in the Supreme Court against Justice Cannings’ decision, and the court decision was in favour of the State, saying Justice Cannings made a mistake in law in refusing to dismiss the National Court matter for the want of compliance with rights of liberty and security.

The matter went back to the National Court before Justice Cannings on Dec 2, and he ordered George Akia from Akia and Associates, representing state, and a lawyer from Lomai and Lomai Attorneys representing the asylum seekers to appear on Monday.

Meanwhile, 91 proceedings filed by asylum seekers seeking intention of time to serve rights of liberty and security on the State were also dismissed.

Source: The National/One PNG News

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