Immigration officials knew refugee Abyan still wanted abortion, emails show

Saturday, January 2, 2016
Documents released under freedom of information show the department was informed of Abyan’s wishes before it had her deported to Nauru in October
"There are still questions about pregnant refugee Abyan’s treatment. It’s time for an inquiry | Kellie Tranter

Nauru airfield. Abyan was flown back to Nauru on a chartered flight as her lawyers were appealing for an injunction to prevent her from being removed from Australia.

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Newly released documents show that the immigration department knew that a pregnant Somali refugee who asked for an abortion did not change her mind once she got to Australia from Nauru.

The 23-year-old woman, known as Abyan, was allegedly pregnant as a result of rape. In October, she was transferred to Australia, but then abruptly sent back to Nauru on a chartered flight as her lawyers were appealing for an injunction to prevent her from temporarily being removed from the country. They maintained she still wanted the termination.

At the time, the immigration minister Peter Dutton said she had changed her mind about having an abortion, and that reports to the contrary were a “fabrication”. The prime minister, Malcolm Turnbull, also said Abyan was returned to Nauru because she decided against the procedure.

Immigration department official Neil Skill, who was involved in the decision to return Abyan to Nauru later told a Senate estimates hearing:“I have seen advice from two medical professionals indicating that she had declined to undergo the procedure on the day and also declined the offer of a scheduled appointment in a week’s time. On the back of that information, I made the determination that there is no medical procedure at this point of time and that the individual should return to Nauru.”

Documents obtained by lawyer and human rights activist Kellie Tranter under freedom of information, and seen by Guardian Australia, contain correspondence about Abyan between senior staff at the Department of Immigration and Border Protection.

One email from an employee of International Health and Medical Services to Amanda Little, assistant secretary of detention health services, sent three days after Abyan was flown back to Nauru, said: “After she declined the procedure, I asked her (more than once) whether she had changed her mind and no longer wanted a TOP [termination of pregnancy]. She consistently said she still wanted to have a TOP, she just didn’t want it that day or the following week.”

The correspondence also details the planning before Abyan was granted permission to be transferred to Australia for the termination procedure, including a warning that allowing her into Australia meant her lawyers could take steps to keep her from being returned to Nauru.

“There is a risk that once in Australia [Abyan] will seek to join legal action which would prevent her return to Nauru after completion of medical treatment,” said a minute attached to the recommendation that Abyan be brought to Australia.

The documents also show that before Abyan was removed from Australia, Little and Skill had been informed that she had said she felt “too mentally unwell” to have an abortion at once, but “she did make it clear that she hasn’t completely changed her mind and understands that she can access the procedure in New South Wales up to 20 weeks [pregnant]”.

The documents do not indicate that Dutton was aware of the details of Abyan’s discussions with health professionals.

Tranter has called for a royal commission into the immigration department in response to the documents.

There's no decency in how Australia has treated Abyan. No matter what the truth is
Richard Ackland

It was revealed in October that the immigration department had failed to act on three requests from senior medical staff on Nauru to move Abyan to Australia when she sought a termination.

Documents showed International Health and Medical Services (IHMS) staff made the first request for her urgent transfer on 16 September in a “request for medical movement” form, with follow-ups on 29 September and 6 October.

These apparently contradicted Dutton’s comments to federal parliament on 19 October that Abyan had not been transferred due to “an initial delay ... because of other, unrelated health issues which meant she could not fly, and also a delay around getting an appointment”.

At the end of October, Dutton said Abyan would be brought back to Australia to have an abortion. She is now in Brisbane receiving medical care.

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