PRESS STATEMENT
MANUS ASYLUM PREOCESSING FACILITY
20th January 2012
B1 Conference Room, National Parliament
It is with regret that I confirm that I have, as the leader of the
Opposition, commenced legal proceedings against the Government of Papua
New Guinea. The ministers of the O’Neill-Dion government have now
received a summons to appear and defend their conduct in the National
Court. Our claim, that the Asylum Seekers Detention Scheme is
unconstitutional and that the detainees on Manus are held illegally in
PNG, has never been legitimately addressed by the government and must
now be answered in our highest courts.
We will take this matter as
far as necessary to ensure that the values of our nation’s constitution
are upheld. Our main objection has always been to the blatant disregard
for Section 42 of the Constitution, but this legal challenge also
attempts to remedy the many abuses of PNG law and of ministerial powers
which have given rise to the situation on Manus. We challenge the
right of the government to force people seeking refugee status in
Australia to enter Papua New Guinea, to be illegally and indefinitely
detained under inhumane conditions. We challenge the right of the
government to make this arrangement with the government of a foreign
nation, again in contravention of our Constitution.
We challenge the
manipulation of PNG Migration law by the Minister for Foreign Affairs
and Immigration in illegally allowing asylum seekers destined for
Australia to come under the jurisdiction of PNG refugee laws. We also
challenge the abuse of his office in exempting these detainees from any
immigration status.
We are filing injunctions to have the current
detainees released, and to prevent the government from receiving or
detaining any more asylum seekers from Australia. We are also referring the crucial constitutional elements of the challenge to the Supreme Court.
Our faith remains with the truth and the spirit of our nation, which is
written in every line of our National Constitution. I am confident that
our Justice System will succeed in upholding this truth, where our
government has so regrettably failed.
PRESS STATEMENT
MANUS ASYLUM PREOCESSING FACILITY
20th January 2012
B1 Conference Room, National Parliament
It is with regret that I confirm that I have, as the leader of the Opposition, commenced legal proceedings against the Government of Papua New Guinea. The ministers of the O’Neill-Dion government have now received a summons to appear and defend their conduct in the National Court. Our claim, that the Asylum Seekers Detention Scheme is unconstitutional and that the detainees on Manus are held illegally in PNG, has never been legitimately addressed by the government and must now be answered in our highest courts.
MANUS ASYLUM PREOCESSING FACILITY
20th January 2012
B1 Conference Room, National Parliament
It is with regret that I confirm that I have, as the leader of the Opposition, commenced legal proceedings against the Government of Papua New Guinea. The ministers of the O’Neill-Dion government have now received a summons to appear and defend their conduct in the National Court. Our claim, that the Asylum Seekers Detention Scheme is unconstitutional and that the detainees on Manus are held illegally in PNG, has never been legitimately addressed by the government and must now be answered in our highest courts.
We will take this matter as
far as necessary to ensure that the values of our nation’s constitution
are upheld. Our main objection has always been to the blatant disregard
for Section 42 of the Constitution, but this legal challenge also
attempts to remedy the many abuses of PNG law and of ministerial powers
which have given rise to the situation on Manus. We challenge the
right of the government to force people seeking refugee status in
Australia to enter Papua New Guinea, to be illegally and indefinitely
detained under inhumane conditions. We challenge the right of the
government to make this arrangement with the government of a foreign
nation, again in contravention of our Constitution.
We challenge the
manipulation of PNG Migration law by the Minister for Foreign Affairs
and Immigration in illegally allowing asylum seekers destined for
Australia to come under the jurisdiction of PNG refugee laws. We also
challenge the abuse of his office in exempting these detainees from any
immigration status.
We are filing injunctions to have the current
detainees released, and to prevent the government from receiving or
detaining any more asylum seekers from Australia. We are also referring the crucial constitutional elements of the challenge to the Supreme Court.
Our faith remains with the truth and the spirit of our nation, which is
written in every line of our National Constitution. I am confident that
our Justice System will succeed in upholding this truth, where our
government has so regrettably failed.
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