The timing seems unusual but both Australian and Nauruan governments say the closure had nothing to do with the upcoming High Court case.
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However Immigration Minister Peter Dutton said the announcement from Nauru had nothing to do with the court case. Her daughter is now 10 months old and supporters say the mother is “terrified” of returning to Nauru.
But the woman’s lawyers argue the centre and legal regimes exist “only” to accommodate and detain asylum seekers while they are being processed. “It is hard when we’ve got probably well-intentioned but nonetheless refugee advocates back here who are messaging up to these people on Nauru saying don’t accept any of it. Don’t leave the island, you’ll come to Australia”, said Dutton.
“The plea posted on Change.org by the young woman’s lawyer is clearly resonating with the public, and demonstrating the national sentiment on the urgency of this issue”, he said.
Australia funds the centre and contracts Transfield Services and Wilson Security to operate and secure it, but those firms played only a support role, Mr Gleeson said, adding the Australian contractors “cannot be subject to direction by an officer of the Commonwealth”.
They say under the law, the woman should be taken to Nauru “as soon as reasonably practicable”.
If the court rules in favour of her compliant, it would see the entire offshore detention labelled as invalid.
Australian law required the asylum seeker be removed, but did not prescribe detention once they arrived at an offshore destination.
The hearing continues on Thursday.
If it looks like detention and leaves asylum seekers in legal limbo like detention, it is detention. In September the government said an additional 12,000 refugees from Syria and Iraq will be allowed into Australia.
The country also announced curfews would be lifted, making the Australian Government-funded facility an “open centre”.
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“Australia should not be warehousing anyone on remote Pacific islands, especially not 10-month-old babies”. According to a statement from Nauru’s Department of Justice and Border Control, the detainees can have freedom of movement “24 hours per day, seven days per week”, on this tiny island beginning on Monday.
