Minister holds open prospect that woman controversially sent back to Nauru on charter flight could come back again to Australia for termination of pregnancy

This article is more than 4 years old

This article is more than 4 years old

The immigration minister, Peter Dutton, has left open the possibility for “Abyan” – the Somali refugee pregnant as a result of an alleged rape on Nauru – to be brought back to Australia again, should she again request a termination of her pregnancy.



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Abyan, not her real name, is 15 weeks pregnant as a result of an alleged rape on Nauru.

Her treatment at the hands of the government – who flew her to Australia to terminate the unwanted pregnancy, and then back to Nauru on a secret, hastily-chartered private flight without her having had the procedure – has been the subject of intense controversy. Advocates, the woman’s lawyers and politicians argue Australia has further traumatised an already traumatised woman by flying her out of the country to avoid the scrutiny of Australian courts.

The government says the woman was removed from Australia because she changed her mind and did not want the termination.



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She has responded with a signed statement that this was untrue: “I have never said that I did not want a termination,” her signed, handwritten statement says.



Abyan is now back in her former residence on on Nauru.

But speaking on Sky News, Dutton said the government assessed all refugee health cases on their individual medical evidence, and if Abyan decided she did want to proceed with the termination, doctors and specialist staff would continue consultations with her and offer appropriate medical care.

But the minister said there would be reached a “tipping point” after which Abyan could not legally have an abortion in Australia (laws vary significantly between Australian states).

Facebook Twitter Pinterest Peter Dutton says Abyan was not denied medical attention. Link to video

Nauru’s restrictive abortion laws mean she cannot terminate her pregnancy in that country. Nor can she have the procedure in Papua New Guinea.



The disputed facts in the Abyan case – who has been recognised as a refugee, having fled persecution, including sexual violence, in Somalia – turn on what medical care and advice she received in Australia.



Dutton told Sky News the woman had had extensive medical care while in Australia.

“We’re talking about four or five days of medical consultations and all through that period we had interpreters present, mental health nurses, GPs, doctors ... at the end of it the advice to us was that she had decided against the abortion,” Dutton said.

Senate estimates spent several largely fruitless hours Monday endeavouring to ascertain the number and nature of the “consultations” she had with medical professionals.



However in her statement Abyan said the government’s version of events was untrue.

“I was raped on Nauru,” it said. “I have been very sick. I have never said that I did not want a termination. I never saw a doctor. I saw a nurse at the clinic but there was no counselling.

“I saw a nurse at Villawood but there was no interpreter.”

Shine Lawyers’ George Newhouse, acting for Abyan, said at no time did Abyan refuse to have a termination, and said the government had “completely misunderstood or misconstrued her position”.

He said she had a right to counselling before a termination and to fully understand the procedure.

“That is all we have been seeking and to represent her position as a refusal is disingenuous and cruel,” said Newhouse.



The government’s decision to secretly and rapidly remove Abyan from Australia has also attracted intense criticism.



Lawyers for Abyan only discovered she had been removed when they appeared before the federal court seeking orders that she remain in the country.

They were told by government lawyers she had already been forcibly removed from the country and was out of the court’s jurisdiction.

Similarly, advocates who had been in consistent communication with Abyan could not contact her for several hours before they discovered she’d been removed from the country without the chance to call them.

Newhouse wrote to the department by email on Friday requesting to meet with her and asking she not be removed from the country.

The email was received and read in the Department of Immigration and Border Protection.

The email was sent at 11:58am. The charter plane carrying Abyan did not leave Sydney until 1:25pm.

Neil Skill, the departmental first secretary charged with making the decision over Abyan’s removal, confirmed to Senate estimates Monday he saw Newhouse’s correspondence, but said he could not recall when he read the letter.

Newhouse was not told of Abyan’s imminent removal, nor was he allowed to speak with her.

The opposition leader, Bill Shorten, said the woman’s situation was “unacceptable” and the Australian people must be assured her best interests were the priority.

“I have serious concerns about the way this woman has been treated since she first made her request for a termination. We need to know that this woman is being treated with dignity,” Shorten said.



