Papua New Guinea's opposition has resurrected a constitutional challenge to Australia's detention centre on Manus Island as the first group of asylum seekers arrive to experience Labor's tough resettlement policy.
The 40 mainly Iranian and Afghan single men were flown from Christmas Island late on Wednesday and touched down on Manus Island at 7.40am (AEST) on Thursday.
Lawyers acting on behalf of PNG Opposition Leader Belden Namah filed a court challenge to the centre on Thursday afternoon, referring to section 42 of PNG's constitution.
"That is, that all persons coming into the country are guaranteed their personal liberty except in the case where they come to the country without a visa or proper work permit," Mr Namah's lawyer, Loani Henao told journalists.
"Now is the time for the battle to start."
The opposition's first case against the centre was thrown out of court when a tribunal of judges found the opposition did not use the correct legal mechanism to bring the case.
"What we are doing is effectively resurrecting what we filed previously," Mr Henao said.
There were few signs of increased activity on Manus Island upon the arrival of an early afternoon flight from Port Moresby carrying immigration officials, interpreters and journalists.
Australia is installing large tents capable of sleeping up to 30 people, as well as industrial sized kitchens.
The new policy denies asylum seeker boat arrivals entry to Australia and sends them on to PNG for processing and potential resettlement there.
Australian Immigration Minister Tony Burke pointed to the transfer of the men to Manus Island, saying it showed the model was working and would smash the people smuggling business model.
"As of now they are the first people in Papua New Guinea who are realising the people smugglers no longer have a product to sell," he told reporters in Sydney on Thursday.
"The promise of living and working in Australia, which is sold by people smugglers before they push people onto the high seas, is no longer a product available."
The immigration department posted a video of the men being taken from their Christmas Island detention centre and boarding the plane to Manus Island.
Opposition immigration spokesman Scott Morrison said the PNG plan was doomed to "unravel" because the arrangement to resettle asylum seekers in PNG was not binding.
"What the government is claiming in resettlement just simply isn't there," he told reporters.
"The two-page arrangement currently provides no compulsion to Papua New Guinea to receive and resettle."
Mr Morrison said the PNG processing facility did not have unlimited space, and criticised the government for putting "all its eggs in one basket".
"The suggestion that ... there is limitless capacity on Manus Island is frankly just not a true statement," he said.
Mr Burke said "more and more" asylum seekers would be flown to PNG in the coming days.
"Over time, every single person who arrives under these new rules will find the government is true to its word," he said, adding family groups would be sent there soon.
Dr Otto Numan, CEO of Manus Island's only hospital, told AAP he was expecting more asylum seekers to arrive as early as Friday.
The Australian Greens said it was a sad day for fairness and decency.
"The government is storming ahead with this cruel policy that is an attack on Australia's generous heart and our global reputation," Greens Senator Sarah Hanson-Young said.
More than 1400 asylum seekers have arrived aboard 18 boats since the Rudd government announced its "hardline" PNG arrangement on July 19.
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