Non-genuine refugees seek to stop deportation

A total of 166 men from the Manus Processing Center who were identified to be non-genuine refugees have filed an application in the Supreme Court seeking to stop their deportation.

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.

The application filed on Monday also seeks the removal of the National Executive Council as a party in the case. They are asking the court to remove this party because they are of the view that the interest of the NEC is already represented by Rimbink Pato as Minister for Foreign Affairs and Immigration.

Lomai was directed by the court to file by tomorrow a list containing the names of the 166 applicants, who are seeking the interim orders.  

This court direction came after lawyer representing Minister Pato made known to the court that some of those 166 applicants are not part of the 730 applicants in the Supreme Court enforcement application which is the substantive matter.

In the substantive matter, the 730 men on Manus island are asking the court to order their return either to Australia or a third country.

They are also seeking compensation for their illegal detention since 2013 based on the April 26, 2016 Supreme Court decision in the Namah case.

Meanwhile the Nepal Asylum seeker who was sent back to his country last month was done so on voluntary deportation.


Sally Pokiton