An order from the Supreme Court against the deportation of asylum seekers in Manus is still active, says lawyer representing over 600 asylum seekers in Manus, Ben Lomai.
With the new accommodation arrangement taking effect today (Oct 4) at the Manus Regional Processing Centre, Mike Compound at the Lombrum centre will accommodate those who have non-refugees status and have received a deportation order.
But Lomai, who represents over 600 detainees at the centre, says unless that injunctive order stopping deportation is varied, “no asylum seekers should be forced to return back to his country of origin”.
“We are compiling names of the double negatives (those given non-refugee status) with a view to file an application to stop forceful deportations,” he adds.
The injunctive orders were taken out by Lomai on Aug 25, 2015, from the Supreme Court restraining Prime Minister Peter O’Neill, Minister for Immigration and Citizenship Rimbink Pato and PNG Chief Migration Officer, Rabura Mataio, from forcibly deporting 28 detainees last year.
On Sept 27, the PNG Immigration released new accommodation arrangements for the transferees, which will see them separated in compounds according to their processing status.
Those identified and given refugee status can either settle in PNG or depart to a country where they have a right to live in while those without refugee status can either volunteer to depart PNG or be removed.
Those detainees whose status are still being reviewed by the minister will be held at the Foxtrot compound pending the determination of their reviews. These are the detainees who were initially identified as non-genuine refugees.
“All processing will end soon. Once the Minister decides your refugee status, there is no reason for you to remain in this centre,” the Communication guide released by PNG Immigration to those at the centre stated.
However, Lomai said this move by the PNG Immigration and the state to deport the double negatives or those identified as non-genuine refugees is illegal and unconstitutional in the face of Namah's decision of 26 April.
“They have no right whatever to categorise the asylum seekers anymore but to move them back to Australia,” he said.
Meanwhile, two of the asylum seekers’ cases being pursued in the Supreme Court will return on Oct 27, where two applications will be heard by three judges.
The first application will be moved by PNG Immigration and State's lawyers in relation to a jurisdictional issue. They claim that Lomai, as a lawyer for the asylum seekers, has no right to sign the Enforcement of Constitutional Rights' Applications on their behalf.
The second application was filed by Lomai on behalf of the asylum seekers, asking for Summary Judgment from the Supreme Court. That also covers compensation for the illegal detainment of his clients following the five-man Supreme Court bench ruling on April 26.
Loop Picture by Kennedy Bani.