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PNG solution illegal, court will hear

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The Age The Rudd government's Papua New Guinea Solution faces its first legal challenge, with lawyers representing an asylum seeker who has been sent to Manus Island set to launch High Court action on Tuesday. Lawyers for the asylum seeker earlier lodged an application in the Federal Court, but have accepted that it does not have jurisdiction to handle the case. The challenge will assert that the decision to send the asylum seeker to PNG is illegal because it fails to take account of Australia's international treaty obligations and PNG domestic law. It will argue that Immigration Minister Tony Burke had before him no evidence that Papua New Guinea would act, or was capable of acting, in accord with assurances that asylum seekers would not be at risk of being sent to another country where they had a well-founded fear of persecution. Lawyers for the asylum seeker will also submit that the decision to send him to Manus Island was made without power, is invalid and should be set as

PNG solution illegal, court will hear

Image
The Age The Rudd government's Papua New Guinea Solution faces its first legal challenge, with lawyers representing an asylum seeker who has been sent to Manus Island set to launch High Court action on Tuesday. Lawyers for the asylum seeker earlier lodged an application in the Federal Court, but have accepted that it does not have jurisdiction to handle the case. The challenge will assert that the decision to send the asylum seeker to PNG is illegal because it fails to take account of Australia's international treaty obligations and PNG domestic law. It will argue that Immigration Minister Tony Burke had before him no evidence that Papua New Guinea would act, or was capable of acting, in accord with assurances that asylum seekers would not be at risk of being sent to another country where they had a well-founded fear of persecution. Lawyers for the asylum seeker will also submit that the decision to send him to Manus Island was made without power, is invalid and