In breaking news, ABC News reports that the High Court has issued an urgent injunction restraining an asylum seeker from having an abortion. (The Commonwealth later clarified that she was in fact a refugee to whom a temporary protection visa has been granted). The woman, who is held on Nauru, had requested the abortion in Australia. However, she was flown out to Papua New Guinea yesterday to undergo the procedure, without any notice. She has sought a stay of the procedure because of doubts as to the legality of the procedure in Papua New Guinea.
In what follows below, I outline the law with regard to abortion in Papua New Guinea, and the test for an interlocutory injunction.
UPDATE: The transcript of the application before Keane J is now available. Continue reading