Sir Salamo Injia says he accepts that the government has complied with the supreme court’s order to shut it down

This article is more than 3 years old

This article is more than 3 years old

The Manus Island immigration processing centre has closed, Papua New Guinea’s chief justice has said, despite more than 800 men still being held there.

The surprise judgment came in a court finding that 166 men from the centre whose refugee claims have been rejected can be deported.

Sir Salamo Injia told the supreme court on Monday he had accepted a PNG government submission that the centre had been closed, in accordance with the court’s directive last year that it was illegal and unconstitutional.

Injia said the PNG government had complied with the order, the ABC reported.

Manus Island detention centre to close by year's end, inquest told Read more

“The transferees were allowed to move freely in and out of the [Manus Island regional processing centre], and later when the MIRPC was shut down completely, they were accommodated at the nearby PNG defence force navy base,” Injia said in explanation.

Since the supreme court ruling, some freedoms have been granted to the detainees, including the ability travel into the nearby town, but they remain in the same accommodation compounds and are subject to the restrictions of being inside a naval base.

Injia’s finding is at odds with the apparent understanding of even the PNG government, which said on Monday it had a timetable to close the centre by October.

The supreme court also dismissed an application by more than 160 men who had sought an injunction against their deportation. The men were among more than 700 detainees – including refugees, non-refugees and asylum seekers – taking action against the PNG government for their illegal detention.

According to local media, the judges determined the men whose claims had been rejected could still be party to the case even if they were not in PNG, and thus could be deported.

Injia noted that the population of the Manus centre was 888 as of 6 March, including 614 refugees, 205 “non-refugees” whose claims had been rejected and 69 asylum seekers awaiting processing.

The Australian immigration minister, Peter Dutton, has been contacted for comment.