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High court challenge to 'PNG solution' will begin next week High court challenge to 'PNG solution' will begin next week
(21 days later)
A high court challenge to the government's controversial "PNG solution" has been broadened to a constitutional challenge involving all offshore processing and will have its first mention in the courts next week.A high court challenge to the government's controversial "PNG solution" has been broadened to a constitutional challenge involving all offshore processing and will have its first mention in the courts next week.
The action being brought on behalf of an Iranian asylum seeker held in Manus Island regional processing centre in Papua New Guinea will now examine constitutional issues with offshore processing as well as question whether the policy is in breach of Australia's international human rights obligations.The action being brought on behalf of an Iranian asylum seeker held in Manus Island regional processing centre in Papua New Guinea will now examine constitutional issues with offshore processing as well as question whether the policy is in breach of Australia's international human rights obligations.
"We've introduced two issues," said Adrian Joel, the Iranian's Sydney-based solicitor. "Firstly, a constitutional issue. That is [to see] if there's a power for the government to act as it did in terms of the selecting and identifying a country, in this case PNG [to process asylum claims offshore]."We've introduced two issues," said Adrian Joel, the Iranian's Sydney-based solicitor. "Firstly, a constitutional issue. That is [to see] if there's a power for the government to act as it did in terms of the selecting and identifying a country, in this case PNG [to process asylum claims offshore].
"And we've added particulars in terms of breach of international obligations.""And we've added particulars in terms of breach of international obligations."
The attorney general's office said last week it had received advice that the claim would not be upheld.The attorney general's office said last week it had received advice that the claim would not be upheld.
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