safe place." According to S99's understanding of her Muslim faith, her abortion must be carried out before she is 16 weeks pregnant. It is a deadline she is desperate to meet. But not in PNG. The facts of her rape have not been disputed by the Australian government. What it disputes is her right to come here and the circumstances of her transfer to PNG. Two years ago, Australia sent the woman from Christmas Island to Nauru, where she has since been accepted as a refugee. She now lives an uncertain life in Nauru on a temporary settlement visa.

The Department of Immigration and Border Control and the Commonwealth of Australia argue this means she is not Australia's responsibility. The woman's lawyers filed an emergency injunction in the HighCourt last week preventing Australia from taking any action to have the woman's pregnancy terminated in PNG, or transferring her back to Nauru. On Thursday, that case moved to the Federal Court. Stephen Donaghue, QC, representing the Department of Immigration and Border Control and the Commonwealth of Australia, told the Federal Court that Australia could not be considered responsible for the woman's care. "This plaintiff was found to be a refugee in Nauru about 18 months ago; she hasn't been detained ever since then, she's been living in the Nauruan community [and] she's been getting some level of services by way of medical services," Mr Donaghue said.

"She's not in any way, in our submission, under the control of the Commonwealth in the way that an immigration detainee traditionally