Judge demands details on asylum deal

 A JUDGE has ordered the government to provide details of an agreement between PNG and Australia on asylum seekers on Manus Island.

Justice Ambeng Kandakasi is hearing submissions on a case filed by Opposition MPs questioning the legality of the agreement between Australia and PNG on the asylum seekers.

Lawyer Loani Henao is representing the opposition and Peter Kuman is appearing for the state.

Kandakasi noted that the state had not provided facts on the case as requested by Henao.

“What is confidential, what is secretive about it?”

He ordered the government to release the information on the bilateral agreement with Australia, the date asylum seekers were transferred to Manus and other vital information.

“This has been an impediment,” Kandakasi said.

Cabinet ministers Kerenga Kua (justice and attornery-general) and Rimbink Pato (foreign affairs) are believed to be overseas and will instruct Kuman on this when they return. 

This is to be finalised by the end of this month.

Kandakasi said the delays to the hearing on the matter were costing taxpayers in the country.

“The court does not have the luxury of time,” Kandakasi said.

The asylum seekers are residing at Lombrum, Manus Island.

Kandakasi noted from the depositions by lawyers that Kuman was taking issue with a particular form that must be completed adequately for the case to be properly presented before the high court.

He said the substantive issues of asylum seekers held in Manus should take prominence over procedural issues.

“The issue revolves around the form, not the substance,” he said.

“You have foreign nationals who chose to go to another country but they have been moved again to a different country.”

Kandakasi said the court was concerned about the asylum seekers’ human rights and the court had to expedite the matter.

The matter would have to be dealt with by a single Supreme Court judge to ascertain the facts before a full trial.