Achieving a just, democratic, peaceful and humane society through upholding human rights and the rule of law.


Duties to Asylum Seekers

On 6 May 2016, Justice Bromberg of the Federal Court decided that the Minister for Immigration and the Commonwealth of Australia owed a duty of care to an asylum seeker detainee in Nauru.  As a result, she could not be moved to Papua New Guinea to procure an abortion, but must be moved elsewhere for the procedure.

The judgment can be downloaded below, or read here.

Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483 (6 May 2016)

In attempting to remove S99 to Papua New Guinea to procure an abortion, the Minister for Immigration created a relationship in which a duty of care was owed.  As S99 had special medical requirement, and as the abortion procedure is illegal in Papua New Guinea, in sending S99 to Papua New Guinea, the Minister has failed to discharge this duty of care.

Justice Bromberg ordered that the Minister be restrained from failing to discharge this duty.

Further commentary on this case can be read at ABC Online, The Age, and The Guardian.