It’s illegal! Asylum seekers could sue Australia over Manus Island

Punitive, immoral and now illegal. That’s the verdict on Manus Island after a Papua New Guinea court deemed detention of

Punitive, immoral and now illegal. That’s the verdict on Manus Island after a Papua New Guinea court deemed detention of asylum seekers on Manus Island “unconstitutional and illegal”.

Lawyers are now warning the Australian Government that it could be sued for false imprisonment, with Australian Lawyers Alliance spokesman Greg Barns saying the PNG court ruling makes it likely that asylum seekers could make successful claims for damages for false imprisonment from the time they entered detention on Manus Island.

“If Australia ignores the decision then it is contradicting its oft-stated claim that Manus Island is a matter for PNG jurisdiction,” Barns says.

The PNG Supreme Court has encouraged prime minister Malcolm Turnbull to end the inhumanity of indefinite detention of the defenceless and impaired people on Manus Island.

“Both the Australian and PNG governments shall forthwith take all steps necessary to cease and prevent the continued unconstitutional and illegal detention of asylum seekers,” the judgement says.

In spite of the news, immigration minister Peter Dutton maintains Australia’s border protection policies will not be changed and the asylum seekers on Manus Island will not be brought to Australia.

“If people seek to come illegally by boat to our country, whether they’re on Manus, they’re on Nauru or they’re negotiating with people smugglers now, they will not be settled permanently in this country,” Dutton told Sky News.

He says Australia’s policy is “tough but fair”.

What do you think of Australia’s border protection policy? Should the government bring the people on Manus Island to Australia?

  1. Robyn  

    We must be compassionate and do our global duty and resettle these asylum seekers into our country. It’s time to stand up and be counted, the rest of the world is watching.

    • Suzy  

      Agree Robin, everyone who deems we should do our duty should take a refugee into their homes and look after them, it’s not the governments responsibility to protect illegals with paperwork destroyed”

      • John Nesbitt  

        GOOD ONE SUZY!
        So Robyn, how many “refugees” will you be opening your doors to?

    • Should we do it because the rest of the world is watching us ? Political correctness is the buzz

    • Linda  

      Are you kidding,have a look to see how much our country has changed because of the different race being allowed in..It has not changed for the better.We need to put a freeze on the amount of people coming in and look after our own before we can look after others.
      We are smaller than other countries and don’t have the infrastructure to cope.

  2. Robyn  

    We must be compassionate and do our global duty and resettle these asylum seekers into our country. It’s time to stand up and be counted, the rest of the world is watching.

  3. They are not genuine refugees, they passed several countries to come here illegally. They should be grateful for shelter, food and medical care. No way should they be able to get a cent more off the taxpayers! Send them all back where they came from, probably Indonesia.

    • Harrysan  

      How do you know that they are not genuine, did Dutton tell you? Some are, some aren’t. The problem, besides the attitude of rednecks and ill informed people like yourself, is the truth is lost within all the diatribe from half-truth politicians.
      What happened to compassion for our fellow man? Should they be grateful for being caged like animals for prolonged periods of time with no real hope? Send them back to what? War, Fear, Murder? You are a disgrace and a pimple on the arse of humanity. I bet you wouldn’t have that attitude if it was your family and kids in that situation, you would be screaming out for help and expecting everything.

      • Henry  

        What a load of crap! No refugee is caged like an animal, you despicable hysteric liar! You are the one who is a disgrace!

        • Wiso  

          Absolutely !! What a load of crap from a mindless imbecile. Harrysan comes across as the one who is ill-informed. Has he seen the millions of refugees in refugee/detention camps in other parts of the world ?? they are all contained within wire perimeters, exactly the same as the ones here and on Manus Island, but in other camps they don’t have air-conditioned, flash living quarters, they exist in tents with dust or mud as pathways. By comparison to overseas centres, ours sure can’t be classed as inhumane in my estimation, and these economic refugees made the choice to take the cowards way out and run with an eye for an easy life in Australia so tough titties. These are Australia’s rules so abide by them and be thankful that you aren’t already back where you came from.
          They would never satisfy immigration criteria if they applied properly so we don’t need or want them here.

    • Marg  

      This is ONE of the reasons Australia is broke, looking after ( illegal immigrants ie housing, cars, food,, dental , medical, schooling as well as Centrelink benefits and jobs on the side , (some ) the saying ” Australia, the free country ” someone should explain that the saying doesn’t mean everything is free to them , as seems to be the case. The government is bleeding us dry, next thing we know we would probably be living in an old flat, caravan, tent or under a bridge with our families and working 16 hours a day not only for the government but also the ones that they let into this country while our seniors and children have to go without, there will be no jobs for our children, no Medicare and no future. Now it looks like the government may be sued by the ( immigrants) for holding them till they do a background check so they know what type of people they are letting in. ( murderers, rapists, Paedophiles and the like ) We have taken more than our fair share and we have to consider the water situation, which will not last with the way the seasons are atm , polititions lining their nests and living like royalty. It’s a bleak future we face as it is now. NO MORE.

  4. Anne Wolski  

    This government is a joke and sadly, we will pay for their inhumane attitudes. Australia was settled by illegal, immoral and inhumane grounds so we have no right to judge asylum seekers coming here for a better life. Anyone who condones the inhumanities that go on in detention centres should be deeply ashamed of themselves.

    • Henry  

      The inhumanities that go on in detention centres, M/s Wolski, are caused by the inhuman detained illegal refugee vagabonds themselves in the centres, not by the centres and not by Australian authorities. A reasonable asylum seeker refugee will accept the fact that at least they have a sanctuary to reside in thousands of kilometres away from their alleged persecuters that they came from where they are fed and clothed and; until the Australian government processes and approves their asylum application they have to remain calm and civil. If the process takes a long time it’s because the applicant/s can not validate their justification/s for asylum.

      • John Nesbitt  

        “If the process takes a long time it’s because” the “refugees” have usually thrown any identification overboard!
        What are they trying to hide?
        Anyway why are Muslim “refugees” not seeking asylum in another Muslim country?
        Anything to do with generous welfare entitlements in Western countries??

        • Henry  

          If we didn’t have generous welfare entitlements where refugees get priority over Australian citizen’s waiting time for the equivalent amount of the Newstart assistance and priority over to housing accommodation,
          I wonder ,how many of the refugee economic vagabonds would not come to Australia?

  5. stnc  

    Any *criminal* is entitled to a trail , these people have not been tried for any crime other than being a *refugee*
    If the PNG Government , has they have *attested* the imprisonment of the refugees is illegal , it sounds like a roller coaster of a legal fight. Who sues who? Do the sue the PGN Government who then in turn sues the Australian Government. Where does the United Nations stand in all of this?

    Or is the Prime Minister and his Ministers still going to deny what the entire world has declared that the detention / imprisonment of these people are illegal and inhuman. Sounds like they could be up for crimes against humanity charges.?

    However you look at it , as these people being genuine refugees or not, they have been illegally imprisoned without trail, in inhuman conditions . Time Malcom and his advisors and Ministers sat up , took notice and I suggest act quickly!

    • Henry  

      You mean “trial”. But, I agree with you that they are entitled to “trail” back where they came from. As for your suggestion of charges for crimes against humanity you are just another hysteric dissident gone bonkers .

  6. Lynne Highfield  

    How can it possibly take YEARS to process these refugees? It’s true that we are viewed as being an uncompassionate country by most developed countries and the length of time we take to actually process these people has those countries shaking their heads in disbelief.

    • John Nesbitt  

      HINT FOR THE GULLIBLE AND “COMPASSIONATE”: If you dump all your ID documents overboard, how long would it take to identify you?
      No prizes for guessing!

  7. John Nesbitt  

    Anyway why are Muslim “refugees” not seeking asylum in another Muslim country?
    Anything to do with generous welfare entitlements in Western countries??

  8. W come of age and reach maturity when we can think with our hearts and feel with our heads.
    There are going be be views occupying the whole spectrum from “throw them all back into the sea” to “let them all in”.
    We can undertake our responsibilities without bowing to either extreme. I requires thoughtfulness and heartfulness. There are few who can make the call but we can do it.

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