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Supreme Court Bench Dismisses Summary Judgement Application by Manus Asylum Seekers

A three men supreme court dismissed two applications by refugees on Manus Island seeking a summary judgment.

The decision was based on technicalities, where it was found that Ben Lomai, when signing the originating summons on these applications did not satisfy the courts mandatory rule for this type of application which required the refugees themselves to sign the summons.

The decision was not unanimous; chairman of the bench Justice David Cannings ruled in favour of the refugees saying that “the courts should be slow to dismiss cases on technicalities.”

Lomai said afterwards that while they are disappointed, this has given them opportunities to pursue other options.

Ian Rintoul of the Refugee Action Coalition based in Australia, said “it has been a frustrating day and a frustrating decision.”

Rintoul and Lomai will be going to going to Manus tomorrow to collect all necessary signatures from the refugees remaining on the island in order to commence fresh proceedings.

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