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PNG Solution faces constitutional challenge

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THE AUSTRALIAN THE High Court battle over the federal government's asylum-seeker deal with Papua New Guinea has escalated to the level of a constitutional challenge, potentially curtailing any future government's plans to restore offshore processing. Lawyers for a 27-year-old plaintiff, an Iranian detainee referred to in court documents by the pseudonym S156, yesterday filed an amended statement of claim arguing the government had no constitutional authority to designate another nation, such as Papua New Guinea, as an "offshore processing country". They will also argue that immigration minister failed to consider Australia's obligations under numerous international treaties when deciding to declare Papua New Guinea an offshore processing country. Those treaties include the Refugees Convention and the Convention Against Torture. The detainee's Sydney solicitor, Adrian Joel, said a favourable judgment would raise "constitutional issues as to the validity of th…

PNG Solution faces constitutional challenge

Image
THE AUSTRALIAN THE High Court battle over the federal government's asylum-seeker deal with Papua New Guinea has escalated to the level of a constitutional challenge, potentially curtailing any future government's plans to restore offshore processing. Lawyers for a 27-year-old plaintiff, an Iranian detainee referred to in court documents by the pseudonym S156, yesterday filed an amended statement of claim arguing the government had no constitutional authority to designate another nation, such as Papua New Guinea, as an "offshore processing country". They will also argue that immigration minister failed to consider Australia's obligations under numerous international treaties when deciding to declare Papua New Guinea an offshore processing country. Those treaties include the Refugees Convention and the Convention Against Torture. The detainee's Sydney solicitor, Adrian Joel, said a favourable judgment would raise "constitutional issues as to the validity of…