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The Australian government may share liability for more than $1 billion in compensation claims from people illegally detained at the Manus Island detention centre, as it scrambles to prevent the collapse of a key plank in its offshore detention policy.
Papua New Guinea says it will close the centre after its Supreme Court this week found it to be illegal. It has triggered a standoff with the Turnbull government, which rejected PNG's demands that it "make alternative arrangements" for 850 male asylum seekers and refugees. Immigration Minister Peter Dutton says Australia has paid PNG "a lot of money" to host the centre and the men are the responsibility of that nation.
The stalemate leaves the men, more than half of whom have been found to be refugees, in limbo after years of being locked behind wire in conditions the PNG Supreme Court found breached their human rights.
Leading PNG lawyer Ben Lomai, who represents hundreds of men detained at Manus Island, told Fairfax Media he intended to "ask for compensation" from the Australian and PNG governments.
He said a previous, separate court ruling had settled on 300 kina ($125) a day for incidents of breach of personal liberty, and detainees had suffered further injustices such as inhumane treatment and being denied access to lawyers.
Mr Lomai said anyone who had ever been detained at Manus Island, including those who had returned to their country of origin, would be entitled to compensation. Some men had been locked up for more than 1000 days and the total compensation claims "could be more than $1 billion", he said, adding that reciprocal arrangements in PNG law would enforce a compensation judgment against Australia.
On Thursday Mr Dutton told 2GB radio that the PNG Supreme Court's decision "doesn't bind Australia" and did not require the Manus Island centre to close immediately.
His government would negotiate with the PNG government over measures including an "open centre" arrangement, which would allow detainees to come and go freely and may circumvent the court ruling.
"[The 850 men] are the responsibility of the PNG government … This is an issue that PNG needs to resolve. We will help them resolve this issue," he said.
The government had paid PNG billions of dollars to house asylum seekers and may provide further "financial assistance" to help Manus Island refugees resettle in other countries, he said.
The Turnbull government has been in discussion with Nauru, which Mr Dutton said had capacity to accept Manus Island detainees.
But Australian Human Rights Commission president Gillian Triggs said she assumed Mr Dutton was referring to "room in the tents", adding that Nauru was a "shocking situation", where conditions were worsening daily. She said the men should be brought to Australia.
Manus Island MP Ron Knight said an open centre arrangement would "end up in a big problem", citing social tension created by refugees who already moved freely around the island.
"Our cultures are vastly different to theirs and eventually somebody will get hurt. There will come a time when our people won't tolerate this," Mr Knight said.
