2 Aug 2013

PNG opposition re-submit legal challenge to Manus Island deal

4:32 am on 2 August 2013

Papua New Guinea's opposition leader, Belden Namah, has re-submitted his court challenge to the government's decision to allow Australia's detention centre on Manus Island.

The opposition's court challenge was filed yesterday as the first 40 asylum seekers arrived on the island under the new policy for dealing with would be refugees.

Under the new arrangement asylum seekers arriving by boat are denied entry into Australia but instead they are to be sent to Manus Island for processing and will potentially be re-settled as refugees in PNG.

The opposition's first challenge was thrown out on a technicality that they had not correctly applied for a constitutional reference.

The reference basically asks the court to rule that the MOU signed by PNG and Australia is unconstitutional and should be scrapped.

Mr Namah wants the court to declare that the arrangement is contrary to the constitutional rights of the asylum seekers to personal liberty.

A senior constitutional lawyer, Loani Henao, told the Post Courier it is the same application that they had tried to prosecute earlier.

The matter will go to court on Monday for a directional hearing.