Violence no barrier to medivac for Nauru asylum-seeker

An asylum-seeker charged with domestic violence offences will be transfered to Australia.

Home Affairs Minister Peter Dutton. Picture: AAP

An asylum-seeker on Nauru charged with domestic violence offences and facing allegations he attempted to enter into a relationship with a 13-year-old girl has been approved for medical transfer to Australia, as the government tries to win the support of Senate crossbencher Jacqui Lambie to repeal medivac laws.

It is understood the man was approved for transfer several weeks ago after being assessed by a panel of independent doctors for a mental health condition under the medivac provisions and is awaiting a flight to Australia.

The government will seek to exploit the case as Home Affairs Minister Peter Dutton tries to scrap the laws after being prevented from intervening because the case did not meet the threshold on threats to national security or a history of serious criminality.

READ MORE: Medivac edges closer to chopping block | Gaming of medivac laws weakens border security

The man is believed to be in his 30s and has been on Nauru since trying to reach Australia by boat in 2013. It is believed his claim for asylum has been processed but ­remains unresolved as Australian authorities have been unable to verify his identity.

Scott Morrison met with independent Tasmanian Senator Lambie — the last remaining crossbench vote he needs to ­repeal the laws — on Monday but a deal has not yet been clinched.

While Senator Lambie is said to be wanting the medivac bill amended rather than abolished, the government considers it difficult to shift ground on its decision to repeal the laws because it ­believes they are a key national security issue.

One Nation leader Senator Pauline Hanson and Tasmanian Senator Jacqui Lambie in the Senate at Parliament House.

The Morrison government is still deciding whether to put its ­repeal bill to a vote in the final sitting fortnight of the year, with the possibility it could fail.

According to a senior government source, the Nauru asylum-seeker had been involved in 60 incidents since his arrival that had warranted reporting to Australian authorities on the island. They included at least 10 reports of abusive and aggressive behaviour and being in possession of contraband.

The Australian understands he has been charged with a domestic violence offence by the Nauruan government and that the Australian Federal Police have also been alerted to reports that he had repeatedly tried to enter a relationship with a 13-year-old girl.

The minister had no grounds to refuse the transfer under the ASIO Act for matters of national security or under the Migration Act, which can trigger ministerial intervention only in cases where a person had spent more than 12 months in prison.

As of last week, there had been 455 notifications to the department for medical transfers under the medivac laws. A total of 179 had been transferred, with the rest in various stages of the process and an unknown number having been refused.

The government has sought to intervene in eight cases but was prevented from doing so.

The most up-to-date figures reveal 263 people remain on Manus Island and 221 on Nauru.

Of those transferred to Aus­tralia for treatment, two ­remain in hospital.

Centre Alliance senator Rex Patrick, whose party controls two Senate crossbench votes, opposes repealing the medivac laws but is open to “sensible improvements”.

Senator Jacqui Lambie and Senator Rex Patrick speaking to Senator Pauline Hanson in the senate Chamber at Parliament House.

“I have spoken to Jacqui and she is not supporting a repeal of the legislation. She is considering amending the legislation. I don’t know the details of what she’s proposing and I understand she’s talking to the government,” he told Sky News.

“There is a provision in the current bill that does allow for Customs officers to seek to have someone returned.

“I don’t know the exact reason of why that is not being exercised.

“If the bill needs some improvements … we would be open to sensible improvements. Not a repeal. We need to make sure people who are ill, people who require medical attention, get medical attention. That’s the Australian way.”

The Asylum Seeker Resource Centre, which has sent a delegation to parliament to appeal to Senator Lambie to vote against a repeal, said the Labor-Greens-crossbench backed medivac laws ensured “an efficient and medically led process for the medivac of sick people”.

“Medivac is working,” ASRC chief Kon Karapanagiotidis said. “The minister has approved 86 per cent of all doctors’ applications; no one has died in offshore processing from medical neglect since.”

Anthony Albanese said the legislation had operated smoothly and Mr Dutton’s objection to a transfer was “upheld by and large”.

“The truth is it hasn’t undermined border protection. What it’s done is put in place a commonsense regime whereby people who need medical assistance have been able to get it,” he said.