Exclusive: immigration department will defy highest court in the land if it continues forcing men held on Manus to return to their countries of origin

This article is more than 5 years old

This article is more than 5 years old

Papua New Guinea’s supreme court has stepped in to halt all deportations of asylum seekers back to their home countries, ordering an interim injunction late on Tuesday to stop forcible removals.



Two Iranian asylum seekers have been sent back from the Australian-run detention centre in Manus province to Tehran in the past week even though a case was before PNG’s supreme court to stop their deportations.

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The court’s latest intervention means the PNG immigration department would be in direct defiance of the highest court in the land if it were to continue to send men back unwillingly to their countries of origin.

Justice Nicholas Kirriwom ordered the interim injunction against all deportations before the case resumes in the supreme court on Thursday.

The two men returned to Iran, both of whom still had their Iranian passports, were forced to surrender their documents in Tehran. They have been told they must report to police. Other conditions or possible sanctions are unknown.

It’s unclear how the men were taken back to, and accepted by, Tehran.



Iran has historically refused to accept forced repatriations but an arrangement has seemingly been struck – neither country is commenting on the returns – or the men have made last-minute concessions to return.

One of the removed men wrote a letter in his final hours in PNG that read: “Not leaving the compound that I am living in and/or not wish to be returned to my country of origin against my will.”

He signed his name and boat number to the letter.

The PNG government runs the refugee status determination and resettlement processes. The detention centre is run by private contractors, headed by Transfield, who are hired by the Australian government.

All of the asylum seekers in PNG’s remote Manus detention centre originally applied for refugee status in Australia but were forced to go to PNG.

One asylum seeker in the Manus centre facing deportation to his home country told Guardian Australia: “Everybody here is completely depressed. Everyone feels helpfulness. They are worried about what will happen if they are sent back to their place.

“It used to be that you would see people doing activities, doing exercise, looking after themselves. Now, everybody just sits quietly, and talking about what will happen if they are forced back.

“We don’t know what has happened to those two guys, everyone is going crazy, two guys, they try to hurt themselves, to self-harm.”

Another asylum seeker in a different compound said the threat of deportation had spurred some asylum seekers into cooperating with PNG’s refugee status determination process which they had previously refused.

“The situation is much scary. I am scared. I came to Australia for freedom, but if they deport me I will be in big danger. Some people who refused to give their case want to give their case now because they scared for deport.”

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Guardian Australia has sought comment from the PNG immigration department.



Ben Lomai, a lawyer who brought the application before the court on Tuesday, told Guardian Australia in Port Moresby the injunction was a “positive first step”.



“It is good to get some indication from the court and it is important the rights of these asylum seekers are being recognised and protected.”

Lomai, who is acting for more than 300 asylum seekers held in the Australian-run centre on Manus, is challenging their detention on the grounds that it is unconstitutional.

The PNG constitution guarantees “liberty of the person”, “right to freedom of movement” and “freedom from inhuman treatment”, as well as the right to access PNG courts and have access to a lawyer.

Lomai argues asylum seekers have been denied these fundamental rights and that the state is required to release the men back to their first port of entry, Australia. He will argue PNG is also liable to pay compensation to them.