Ben Lomai

Chief Justice Sir Salamo Injia told Ben Lomai, the lawyer representing refugee Behrouz Boochani, to return to court on Friday (today) with certain court documents on the appeal before a hearing date can be set.

Lomai went to court on Wednesday with an application that he filed on November 14, asking the Chief Justice to disqualify himself from being part of that three-man Supreme Court bench that will hear that appeal.

His lawyer, Ben Lomai, filed the appeal yesterday afternoon. The matter has been listed for next week Monday.

They will be seeking leave of the Supreme Court to appeal against the court’s refusal in granting the interim orders, namely the refusal to restrain the transfer of those at the decommissioned centre as well as restoring essential services.

Subject to the court’s grant of leave to appeal, the refugees are asking for the grant of the interim orders sought, which was refused on Tuesday.

Principal applicant, Kurdish-Iranian journalist Behrouz Boochani, filed the application on behalf of others also at Lombrum. 

It has been one week since the cease of services at Lombrum.

Their lawyer, Ben Lomai, went before the Supreme Court today with an application seeking enforcement of human rights under the PNG constitution.

Chief Justice Sir Salamo Injia heard the application seeking interim orders, and will give a ruling tomorrow.

Lawyer for the transferees Ben Lomai said the state was served section 5 notice today (Monday).

“We have served Section 5 Notice on the State this afternoon. The applications will be filed tomorrow (Tuesday) morning,” he said.

Kurdish-Iran journalist Behrouz Boochani tweeted on social media that he was one of those in Lorengau who filed affidavits today supporting the Supreme Court application, which will be filed on Tuesday seeking injunctive orders.

“We hope our lawyers prevent the government (sic) taking refugees out by force & cutting water,” he tweeted.

The trial will see some of the transferees in Manus fly to Port Moresby to give evidence in court later this week.

This comes after an Australian court, early this month, approved a compensation payout of AUD$70 million; an amount set as Australia’s largest human rights settlement.

Over the weekend, the first 25 refugees who were screened in Manus were moved to the US for resettlement.

There are over 800 men in Manus. Some of those are in Port Moresby on medical grounds.

Their lawyer Ben Lomai filed the application on Monday, February 27 seeking that order.

The matter came for mention today before Chief Justice Sir Salamo Injia who adjourned it to March 8 because the state was short served the application.

The court also made an indication that the application will go before a three-man Supreme Court bench.

Speaking through their lawyer Ben Lomai, the detainees said they are happy with the decision but at the same time, have mixed feelings over what will happen to them.

He said those at the facilities at Lombrum and Lorengau East do not know what will happen to them; whether they will go to Australia, Nauru or get a transfer to a third country.

Lomai said the order of the decision that was handed down by the high court was very general and he will be going back to court to seek specific orders for his clients.