Transcript
Ben Lomai: The first order that we're seeking is for the asylum seekers to be returned back to Australia. Secondly, if they could not be returned back for some reason then to consider a third country, and we are seeking compensation as well for the asylum seekers. So those are in a nutshell the three major orders that we're seeking and of course we are also seeking time frame, one of which is for the governments of Australia and Papua New Guinea to come back to the court after 30 days to inform the court as to what they have done in terms of compliance with the orders.
Ben Robinson Drawbridge: Given the possibility of the detainees being resettled in third countries...
BL: We are very much aware of the likely resettlement in third countries, but as you will note, that has not been confirmed yet at this stage. We're happy, in fact, if there is such an arrangement in place and if indeed that arrangement is successful, of course we'll need to seek instruction from our clients as to whether they are happy to go to a third country and I think they will be. So the only outstanding issue will be an issue for compensation. We have already been advised that he state has offered to to settle compensation, probably in lieu of the fact that they have now some arrangement in place for resettlement into a third country.
BRD: You were given that indication by the PNG government that they would address compensation?
BL: Yes, that's the proposition that has been put, but of course that will be a matter for the PNG government and the Australian government to talk about those issues under the terms of the 2013 MOU (memorandum of understanding) because as agreed between these two governments that Australian government should be responsible for all costs associated with offshore processing.
BRD: Did you set out in the application a set amount of compensation per refugee?
BL: Yes, we want the best figure. As it is now the law has already settled on 300 per day, but we will be asking for more per refugee and it depends on how long they have been detained. So it's not like it's a blanket amount and everybody will be getting that much. Obviously it will be on a case by case basis. If an asylum seeker who's been detained for 100 days and if we apply the current rate it will be 300 thousand. Or if we ask for more, the court gives us 500 maybe half a million, or if the court gives us 1000 then it will be a million. That will be in PNG Kina unless we can convince the court that it should be in dollars.
