Asylum seekers pursue review against State

Over 700 asylum seekers and refugees in Manus have filed an application asking the National Court to review the decision of the State in rejecting their section 5 notice or notice of claims.

The section 5 notice or notice of claims was served on the State and PNG Immigration in November, and the Solicitor General, who represents the State in civil claim matters, rejected the notice.

It was rejected because the new Supreme Court case filed by the 731 asylum seekers, seeking enforcement orders from the Namah Supreme Court case of April 26, was filed out of time.

It was refused by the State because the enforcement orders they were seeking in the application were filed on Nov 4. This was already outside the six-month period allowable to seek enforcement orders from a decision.

The asylum seekers’ lawyer, Ben Lomai, has also filed an application in the Supreme Court seeking an extension of time on their claims.

They are also seeking compensation for being brought to Manus against their will and their illegal detention in Lombrum for three years.

In the meantime, the State on Dec 2 filed an application asking the Supreme Court to dismiss the new enforcement application filed by the asylum seekers and refugees.

Justice Stephen Kassman, during directions hearing today, adjourned the matter to Feb 6,2017.

Author: 
Sally Pokiton