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Australia's Manus Island migrant camp left in limbo Papua New Guinea to shut Australia's Manus Island migrant camp
(about 5 hours later)
The fate of asylum seekers held in Papua New Guinea remains unclear after the country's Supreme Court ruled their detention was unconstitutional. Papua New Guinea is to close a detention centre used by Australia to send asylum seekers, Prime Minister Peter O'Neill has announced.
His statement followed a Supreme Court ruling on Tuesday that detaining people in such a camp was unconstitutional.
Australia sends asylum seekers to the Manus Island detention centre under its offshore processing policy.Australia sends asylum seekers to the Manus Island detention centre under its offshore processing policy.
The Australian government is still waiting for advice from Papua New Guinea, according to media reports. Following the court ruling, Australia said the centre was Papua New Guinea's "sovereign responsibility".
Australia's Immigration Minister Peter Dutton said the centre was Papua New Guinea's "sovereign responsibility". Currently about 850 men are held on the island, about half of whom have been judged genuine refugees.
"It's part of PNG territory obviously and the decision of the Supreme Court is one that binds the PNG Government not the Australian Government," Mr Dutton said.
Mr Dutton also said the asylum seekers would not be allowed to come to Australia.
'Out of step'
Five judges on the Supreme Court's bench ruled the Manus Island camp breached section 42 of the constitution, which guarantees personal liberty.
The court said "all steps" should be taken to end the "illegal" detention.
Currently around 850 men are held on the island, around half of whom have been judged genuine refugees.
The president of the Australian Human Rights Commission Gillian Triggs said the court decision showed Australia's immigration policies were "increasingly out of step with international norms", according to a statement.
Manus Island: a controversial 'solution'Manus Island: a controversial 'solution'
Manus Island: Australia's Guantanamo?Manus Island: Australia's Guantanamo?
Australia's controversial asylum policyAustralia's controversial asylum policy
'Out of step'
Prime Minister O'Neill said that following the ruling, "Papua New Guinea will immediately ask the Australian government to make alternative arrangements for the asylum-seekers currently held at the Regional Processing Centre".
He said that those "deemed legitimate refugees" would be invited to live in Papua New Guinea "if they want to be part of our society and make a contribution to our community".
"It is clear," he added, "that several of these refugees do not want to settle in Papua New Guinea".
Before his announcement, Australia's Immigration Minister Peter Dutton said the Supreme Court ruling was one "that binds the PNG Government not the Australian Government". He said the asylum-seekers would not be allowed to come to Australia.
The president of the Australian Human Rights Commission Gillian Triggs said the court decision showed Australia's immigration policies were "increasingly out of step with international norms", according to a statement.
'Unconstitutional and illegal'
Five judges on Papua New Guinea's Supreme Court's bench ruled that the Manus Island camp breached section 42 of the constitution, which guarantees personal liberty.
The court said "all steps" should be taken to end the "illegal" detention.
Papua New Guinea's constitution guarantees personal liberty for all people, except in defined circumstances relating to crime, illegal immigration and quarantine.Papua New Guinea's constitution guarantees personal liberty for all people, except in defined circumstances relating to crime, illegal immigration and quarantine.
In 2014, Papua New Guinea's government amended section 42 of the constitution to add a paragraph that allowed for "holding a foreign national under arrangements made by Papua New Guinea with another country".In 2014, Papua New Guinea's government amended section 42 of the constitution to add a paragraph that allowed for "holding a foreign national under arrangements made by Papua New Guinea with another country".
But the Supreme Court ruled this amendment was unconstitutional, as it did not meet a requirement to respect "the rights and dignity of mankind".But the Supreme Court ruled this amendment was unconstitutional, as it did not meet a requirement to respect "the rights and dignity of mankind".
No appeal
It said that because the asylum seekers and refugees had not voluntarily entered Papua New Guinea, the situation of illegal immigration did not apply to them.It said that because the asylum seekers and refugees had not voluntarily entered Papua New Guinea, the situation of illegal immigration did not apply to them.
"The detention of the asylum seekers on Manus Island in Papua New Guinea… is unconstitutional and illegal," it said."The detention of the asylum seekers on Manus Island in Papua New Guinea… is unconstitutional and illegal," it said.
"Both the Australian and Papua New Guinea governments shall forthwith take all steps necessary to cease and prevent the continued unconstitutional and illegal detention of the asylum seekers or transferees at the relocation centre on Manus Island and the continued breach of the asylum seekers' or transferees' constitutional and human rights." After the ruling, Australia's opposition Labor party urged the government to hold urgent talks with Papua New Guinea.
The MP for the region when the detention facility is located, Ronnie Knight, told the Australian Broadcasting Corp that the decision could not be appealed against.
"Our Supreme Court is the highest court in the land.
"It's basically the only way they can go, and as far as they can go. I don't think there's much that could be done," Mr Knight said.
After the court decision the opposition Labor party urged the government to hold urgent talks with Papua New Guinea, while opponents of hard-line immigration policy declared offshore processing of asylum seekers dead.