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Iranian man challenges legality of detention on Manus Island Iranian man challenges legality of detention on Manus Island
(4 months later)
Papua New Guinea did not have a legal framework for refugees, nor was it fully committed to the United Nations refugee convention when Australia approved Manus Island for offshore processing, the High Court has been told.Papua New Guinea did not have a legal framework for refugees, nor was it fully committed to the United Nations refugee convention when Australia approved Manus Island for offshore processing, the High Court has been told.
An Iranian man is fighting against his detention on Manus Island, arguing that the government has no power to send asylum seekers to PNG.An Iranian man is fighting against his detention on Manus Island, arguing that the government has no power to send asylum seekers to PNG.
If his case is successful it could end processing on Manus Island – the site of recent violence, including the killing of an Iranian detainee, Reza Berati – and throw the government's offshore processing policy into disarray. If his case is successful it could end processing on Manus Island – the site of recent violence, including the killing of an Iranian detainee, Reza Berati – and throw the government's offshore processing policy into disarray.
On Friday, lawyers for the man making the legal challenge argued against his detention on several grounds, one being that Manus Island had been illegally designated a processing centre by the then immigration minister, Chris Bowen. On Friday, lawyers for the man making the legal challenge argued against his detention on several grounds, one being that Manus Island had been illegally designated a processing centre by the then immigration minister, Chris Bowen.
Mark Robinson, a lawyer, said that advice given by the United Nations high commissioner for refugees should have been considered before the minister designated Manus Island for offshore processing, and before the decision was endorsed by parliament. Mark Robinson, a lawyer, said that advice given by the United Nations high commissioner for refugees should have been considered before the minister designated Manus Island for offshore processing, and before the decision was endorsed by parliament.
That advice had raised concerns about PNG for offshore processing, detailing “several crucial challenges” that rendered the country “not fully appropriate”. It also said PNG had no legal framework to address refugee issues and that the PNG government had reservations in regard to seven sections of the refugee convention that relate to the social, economic and political rights of refugees. That advice had raised concerns about PNG for offshore processing, detailing “several crucial challenges” that rendered the country “not fully appropriate”. It also said PNG had no legal framework to address refugee issues and that the PNG government had reservations in regard to seven sections of the refugee convention that relate to the social, economic and political rights of refugees.
Bowen had sought the UNHCR’s advice – a document the Iranian man's lawyers argue is a mandatory requirement in designating an offshore country – just six days before he made the designation in October 2012. Bowen had sought the UNHCR’s advice – a document the Iranian man's lawyers argue is a mandatory requirement in designating an offshore country – just six days before he made the designation in October 2012.
It was tabled in parliament after the designation was passed, the High Court was told on Friday.It was tabled in parliament after the designation was passed, the High Court was told on Friday.
“Parliament never saw this,” Robinson told the court. The lawyer also argued that power attributed under the constitution did not extend beyond the arrival and deportation of a person. Offshore processing went “far beyond” those powers, Robinson said. “Parliament never saw this,” Robinson told the court. The lawyer also argued that power attributed under the constitution did not extend beyond the arrival and deportation of a person. Offshore processing went “far beyond” those powers, Robinson said.
The former Labor government opened the Manus detention centre in late 2012. Several inquiries have been launched following recent riots, one of which claimed the life of Barati, 23.The former Labor government opened the Manus detention centre in late 2012. Several inquiries have been launched following recent riots, one of which claimed the life of Barati, 23.
An Australian Greens’ senator, Sarah Hanson-Young, said that regardless of the court’s ruling in this case, processing on Manus Island was untenable. An Australian Greens’ senator, Sarah Hanson-Young, said that regardless of the court’s ruling in this case, processing on Manus Island was untenable.
“The Manus Island camp is cruel, costly and extremely dangerous and needs to be shut down, sooner rather than later,” she said on Friday.“The Manus Island camp is cruel, costly and extremely dangerous and needs to be shut down, sooner rather than later,” she said on Friday.
The hearing continues on Tuesday.The hearing continues on Tuesday.