High Court grants injunction to prevent asylum seeker abortion

The High Court has granted an urgent injunction preventing an abortion being carried out on an asylum seeker from Nauru.

Lawyers for the woman said she had asked for a termination in Australia.


But the court heard that late yesterday, without any notice, she was flown to Papua New Guinea for the procedure.


Her barrister, Ron Merkel, said the actions gave rise to several concerns including questions about the legality of an abortion in Papua New Guinea.


"Not only is her health at risk but she runs a serious risk of committing a criminal offence," he said.


Lawyers for the Commonwealth told the court they opposed the relief, saying it was unnecessary and inappropriate.


The court heard arrangements had been made to ensure all appointments for the woman had been suspended for the time being.


The court was assured there was no immediate issue about the woman undergoing any procedures in Papua New Guinea.


Commonwealth representatives also told the court the woman was not in detention in Nauru but was a refugee on a temporary settlement visa.


That gave rise to questions about whether the woman was in custody and whether she was owed a duty of care by Australian authorities, which was part of the wider case.


Justice Patrick Keane said given the urgency and gravity of the situation for the woman and the fact there appeared to be an arguable case, he would the grant the injunction.


He ordered no steps be taken to bring about the termination or remove the woman from Papua New Guinea to anywhere but Australia.


Justice Keane also noted the issues raised in the case were not to do with the Immigration Act but rather were questions about duty of care.


The parties have agreed the case should be remitted to the Federal Court.


SOURCE: ABC News online