Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

My question is to the Attorney-General representing the Prime Minister, Senator Brandis. As we have already heard from the Attorney-General, today the High Court declared the way to remove 267 people from here in Australia and send them to Nauru. One of those people includes a five-year-old boy who was brought here because he was sexually assaulted during his time in detention on Nauru. He came here for medical treatment. Doctors have said this boy should not be returned to the island. Will the Prime Minister allow this boy to be sent to Nauru or will he allow him to stay?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Now that the High Court has definitively upheld of the laws under which these arrangements were made, the government will be adhering to the laws. These decisions are decisions for the Minister for Immigration and Border Protection, and I will make an inquiry of him.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. There is a second person in this group of 267 people, a young woman who had her baby in Australia only recently after being brought here because having the pregnancy in Nauru was unsafe and the mother is suicidal. Her doctor has said she should not be removed from Australia and should not be returned to Nauru. Will the Prime Minister stop her from being returned?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I hope you do not think I am being pedantic, but the legislation actually does require these decisions to be made by the designated minister—that is, the Minister for Immigration and Border Protection—not the Prime Minister. Nevertheless, it is a matter for the Minister for Immigration and Border Protection, and I am sure he will make these decisions in accordance with the law.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Another woman in this group of 267 people is a woman who was raped by locals on Nauru. She has been brought to Australia. She is receiving medical treatment. Her doctors have said she should not be removed. Will the Prime Minister intervene and ensure she is not sent back to the island where she will face her rapists?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I am not familiar with the case to which you refer. Therefore, I have no reason that no whether the way in which you have described it is accurate or not. It would not be appropriate for the Prime Minister to direct another minister in the manner of the exercise by him of a statutory discretion. I am sure the Minister for Immigration and Border Protection will exercise his statutory powers appropriately and lawfully.