Australia refugee detention ruled unlawful

Papua New Guinea’s Supreme Court has ruled that Australia’s detention of asylum-seekers on Manus Island is unconstitutional.

The ruling could jeopardise Australia’s divisive policy of refusing any asylum-seekers who reach its shores by boat.

Australia pays Papua New Guinea, and the tiny Pacific island nation of Nauru, to hold them in detention camps, instead.

The court dubbed the detention of the asylum-seekers a violation of their constitutional right to personal liberty.

The court ordered both countries’ governments to end the detention of the 900 men being held at the facility.

“Treating those required to remain in the relocation centre as prisoners, irrespective of their circumstances or their status, save only as asylum-seekers, is to offend against their rights and freedoms, as guaranteed by the various conventions on human rights,” the court wrote.

Lawyer Loani Henao, who lodged the action on behalf of Papua New Guinea’s former opposition leader, Belden Namah, said the centre must be shut down and the asylum seekers set free.

“They were in jail against their own will, for no reason,” Mr Henao said. “The government of Papua New Guinea, and Australia, for that matter, were not allowed to do that, under our constitution.”

Australian immigration minister, Peter Dutton, said the ruling had done nothing to change Australia’s stance on asylum-seekers who arrive by boat.

“Those in the Manus Island Regional Processing Centre found to be refugees are able to resettle in Papua New Guinea. Those found not to be refugees should return to their country of origin.”