A refugee detained in Nauru since 2013 was denied entry to Australia for an emergency abortion despite the fact that his vagina was partially sewn because she had given birth in the past.
Peter Dutton's internal affairs office denied the entry request that was appealed to the Federal Court in June.
There the government lawyers argued because the vagina of the Somali woman had been dislodged and had previously given birth that she was not at risk and did not need to enter Australia.
Instead, they suggested that it be transported to Taiwan for the procedure.
Peter Dutton's internal affairs office denied a refugee detained in Nauru since 2013 in Australia for an emergency abortion
"The conclusion is that, after having examined it, the competent medical officer said that it was already deflated and that the vaginal opening is sufficient to perform the operation," argued the lawyer.
Asylum Seeker Resource Center detention defense manager Natasha Blucher spoke with BuzzFeed News and described the decision as abhorrent.
"The fact that the government literally sends lawyers to the courts to discuss the degree of a woman's vaginal opening to prevent her from accessing the best medical care available to her is abhorrent," he said.
The woman suffers from female genital mutilation (FGM) type three, classified by the World Health Organization as a narrowing of the vaginal orifice with the creation of a seal of coverage through cutting and apposition of the labia minora and / or labia older, with or without excision of the clitoris (infibulation) & # 39;
The lawyers argued that since the woman had been "deflated" (her lips had been ripped open) and that she had already given birth in the past, she did not require specialized treatment in Australia.
There the government lawyers claimed that the vagina of the Somali woman had been dislodged and that she had previously given birth that she was not at risk and that she did not need to enter Australia.
A senior doctor in Nauru had submitted a report to the Australian Border Force in which he claimed that the woman had "deflated."
Despite the argument put forward by the government's lawyers, Judge Alan Robertson ruled against them and said that there were "substantial risks involved in sending it to Taiwan."
He stated that the woman did indeed require "specific surgical needs" that could not be provided in Taiwan, but that could be provided by a "clinic experienced in the treatment of women with FGM".
She was then flown to an installation agreed in Australia for the procedure.
Obstetrics and gynecology professor Caroline de Costa, who testified in the case, said refugees should receive the best possible care while in detention.
Obstetrics and gynecology professor Caroline de Costa, who testified in the case, told BuzzFeed News that refugees should receive the best possible care while they are in detention.
"Where abortion has been requested by refugee or asylum-seeking women should receive the same level of care and respect available to women with similar problems in Australia," he said.
The Department of the Interior refused to comment on individual cases.