consultations an abortion was discussed with the applicant. To the extent that that evidence contradicts what the applicant said in cross examination, I prefer the documentary evidence. Whilst the following evidence of Ms Noora Ali supports a finding that a mental health officer 103 said an abortion might take place in Papua New Guinea, neither Ms Ali or the record of the appointment with Dr Sewell suggests that the comment was made whilst the applicant saw Dr Sewell. Ms Ali is an interpreter working in Nauru. She deposed that she remembered translating for 104 meetings or appointments that the applicant had on at least two occasions. She does not remember the dates of those meetings. She recollects that one was at the applicant’s home and that the other was at the Hospital. She recalls that each meeting was with a person from the Settlement Clinic mental health unit and a psychologist. Ms Ali deposed that she recalls that the applicant told the mental health unit person and the psychologist that she was pregnant. She described to them how the pregnancy had happened. The applicant said that she wanted to have an abortion as soon as possible. Ms Ali does not recall a reply given to the applicant but thinks that something was said along the lines that they would do their best or that they needed to work on it. Ms Ali also deposed that on the second occasion she translated for the applicant. The applicant again said she was pregnant and that she wanted to have an abortion as soon as possible. The applicant said it needed to happen quickly. Ms Ali recalls that the mental health unit person said that maybe the abortion would happen in Papua New Guinea. Ms Ali deposed that the applicant said in response that she didn’t care, wherever. The applicant accepted that during an appointment with Dr Songco she was given some 105 forms to sign. She did not recall the date of the meeting but other evidence confirms that the appointment occurred on 22 March 2016. The two forms in question are in evidence. The first is headed for Medical Transfer to Port Moresby”. Relevantly it purports to “Consent record the applicant’s agreement to to Port Moresby for the purposes of medical “transfer treatment/investigation”. The document states: I have made this decision on my own free will, with no threat or punishment made to me. I understand I will return to Nauru upon completion of medical treatment/investigation. There is no issue that the signature of the applicant is shown on the form. The form is dated 23 March 2016.
consultations an abortion was discussed with the applicant. To the extent that that evidence contradicts what the applicant said in cross examination, I prefer the documentary evidence. 103 Whilst the following evidence of Ms Noora Ali supports a finding that a mental health officer said an abortion might take place in Papua New Guinea, neither Ms Ali or the record of the appointment with Dr Sewell suggests that the comment was made whilst the applicant saw Dr Sewell. 104 Ms Ali is an interpreter working in Nauru. She deposed that she remembered translating for meetings or appointments that the applicant had on at least two occasions. She does not remember the dates of those meetings. She recollects that one was at the applicant’s home and that the other was at the Hospital. She recalls that each meeting was with a person from the Settlement Clinic mental health unit and a psychologist. Ms Ali deposed that she recalls that the applicant told the mental health unit person and the psychologist that she was pregnant. She described to them how the pregnancy had happened. The applicant said that she wanted to have an abortion as soon as possible. Ms Ali does not recall a reply given to the applicant but thinks that something was said along the lines that they would do their best or that they needed to work on it. Ms Ali also deposed that on the second occasion she translated for the applicant. The applicant again said she was pregnant and that she wanted to have an abortion as soon as possible. The applicant said it needed to happen quickly. Ms Ali recalls that the mental health unit person said that maybe the abortion would happen in Papua New Guinea. Ms Ali deposed that the applicant said in response that she didn’t care, wherever. 105 The applicant accepted that during an appointment with Dr Songco she was given some forms to sign. She did not recall the date of the meeting but other evidence confirms that the appointment occurred on 22 March 2016. The two forms in question are in evidence. The first is headed “Consent for Medical Transfer to Port Moresby”. Relevantly it purports to record the applicant’s agreement to “transfer to Port Moresby for the purposes of medical treatment/investigation”. The document states: I have made this decision on my own free will, with no threat or punishment made to me. I understand I will return to Nauru upon completion of medical treatment/investigation. There is no issue that the signature of the applicant is shown on the form. The form is dated 23 March 2016.
2016FCA0483.docx