Ben Lomai, who acts for the 730 applicants, said his clients now have two options, either to file a case in the National Court seeking damages or file a slip rule application.
They believe the Supreme Court made an error.
The group of refugees and asylum seekers, led by Behrouz Boochani on 7 November, 2016, filed an application for the enforcement of their constitutional rights (section 57 of the Constitution) and unlawful transfer and detention in Manus, after the Supreme Court ruled on 26 April, 2016, that their detention since 2013 was unlawful.