Three non-refugees of Bangladeshi nationality are facing deportation after the National Court dismissed their Human Rights case, today, that also prevented their deportation.
Jashim Jashim , Hossain Mhamman Mobarak and Rahman Siddiqur came to PNG in 2013 and underwent processing in Manus. They were found to be non-refugees.
They filed Human Rights proceedings and obtained interim orders, preventing their deportation, pending their application being heard in court.
Jashim was to be deported on 3 March however that was stayed, pending the hearing of his application and ruling.
Jashim’s status was made known to him on 16 October 2016.
He is a party in the Supreme Court Enforcement Application, along with 730 others, who are seeking compensation for their illegal detainment in Manus.
They sought restraining orders from the Supreme Court against their deportation, pending the outcome of that application, which was refused.
After being served his deportation orders on 3 March, he filed the Human Rights case, seeking restraining orders against Immigration Minister deporting him back home.
He also asked for his deportation to be stopped and that the court compel the PNG Government to reconsider and review his status that was determined in October 2016.
Today, the National Court refused his application, for being an abuse of the court process.
He had known of his status and should have applied for a judicial review of that status. Instead he joined in the Supreme Court Enforcement Application, which earlier sought orders restraining their deportation and now, this Human Rights application.
Justice Jim Wala Tamate was of the view that for the court to the government to repeat the process, would be an extra burden for both countries.