A 24-year-old Iranian woman who was allegedly raped on Nauru faces being returned to the island to face her assailant following Wednesday's high court ruling that Australia's offshore detention regime is lawful.
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Nazanin was allegedly assaulted in May 2015 while on her way back to the detention centre after a visit to meet friends.
Following the attack, Nazanin stopped eating and suffered kidney damage. She was flown to Brisbane in August for treatment.
Her younger brother and mother, who are on Nauru, have repeatedly petitioned the government to allow them to be by her side.
But now there are fears Nazanin, who is in immigration transit accommodation in Brisbane, could be sent back to the island following a High Court ruling on Wednesday that Australia's offshore detention regime at Nauru and Manus Island is lawful.
Nazanin's lawyer, Maurice Blackburn principal Dimi Ioannou, said they were seeking an undertaking from Minister of Immigration Peter Dutton that he would not try to move the woman back to Nauru.
"Our client is still extremely traumatised by the sexual assault and sending her back will only lead to a further psychiatric injury," Ms Ioannou said.
"She is still very anxious and fearful after what happened to her, and her attacker has not been charged by Nauruan police.
"Sending her back to where her perpetrator remains at large is likely to result in a rapid deterioration of her fragile mental condition and set her recovery back even further."
Ms Ioannou said she was very worried about the safety of the woman.
"This is a woman [who] turned to Australia for help out of sheer desperation, having feared for her life in Iran," she said.
"Australians are very compassionate people, yet our government has shown no empathy for her situation or that of the other 266 asylum seekers involved in this case.
"I am very worried about the safety of this young woman if the Immigration Minister decides to send her back to Nauru. She is still in a terrible state."
A spokesman for Minister of Immigration Peter Dutton said they would not comment on individual cases, but if the law firm wrote to the Minister they would receive a response.
Greens immigration spokesperson Senator Sarah Hanson-Young said she urged Prime Minister Malcolm Turnbull not to send Nazanin back to Nauru to "face her rapist".
"This brave young woman has been through enough," Senator Hanson-Young said.
"When I met with her it was clear that, after being so badly assaulted by a local on Nauru, she needed the greatest possible level of care we can offer.
"I urge Malcolm Turnbull not to send her back to Nauru to face her rapist."
Senator Hanson-Young said there were 267 people caught up in the case, including 90 children.
"Sending these children to Nauru would be child abuse and Malcolm Turnbull needs to decide whether he is willing to authorise that."
The Prime Minister's office has been approached for comment.
