The decision wasn’t a win for the government.
The Chief Justice of the PNG Supreme Court acknowledged that the asylum seekers’ Constitutional rights had been breached. He added that the breaches have occurred out of the government’s heavy handed tactics to pressure and force the asylum seekers out of the MRPC. The Chief judge did not dismiss the case but found that he would not issue an injunction but instead the men had a remedy in damages.
It is not all bad. See para 11 below.
Jane Salmon for George Newhouse Principal Solicitor, National Justice Project