For the past nine months, lawyers for the woman who was on a boat intercepted by Australian authorities in 2013, have argued it is illegal for the Australian Government to operate and pay for offshore detention in a third country, according to a report on the ABC.
The woman was initially detained offshore but was brought to Brisbane to give birth in late 2014. Her lawyers from the Human Rights Law Centre then filed an application to prevent authorities from taking the woman back to Nauru.
In a similar case in 2014, Australia's offshore processing operation in Papua New Guinea was upheld by the High Court. The court found in this case the law designating PNG as a regional processing country was valid under the aliens power in section 51 of the constitution.
However, in this case, lawyers have taken a different approach and are challenging the power of government to fund and participate in the detention of people in other countries.
"The questions involved in this case relate to the role that our government plays in funding and controlling the detention of innocent people in other countries,” said Daniel Webb from the Human Rights Law Centre.
"Offshore detention and Australia's involvement in it is obviously fairly central to the current offshore processing policy, so the answers to the questions in this case — one way or another — could have significant implications going forward." Daniel Webb from the Human Rights Law Centre.
Immigration Minister Peter Dutton declined from commenting on the matter when approached by the ABC.