Dutton won't appeal PNG abortion case

Immigration Minister Peter Dutton has ruled out an appeal in the case of an African refugee who was offered an abortion in Papua New Guinea.

A federal court judge last week ruled that the minister has a duty of care to ensure the woman is able to access a safe and legal termination.

The immigration department sent the woman - who the Federal Court said was raped on Nauru while unconscious and suffering a suspected epileptic seizure in January - to Port Moresby for an abortion.

The judge said the offer of an abortion in PNG had "safety and lawfulness risks that a reasonable person in the minister's position would have avoided".

Abortions are generally illegal under the PNG criminal code other than to save the mother's life.

"We're not going to appeal the decision," Mr Dutton told ABC Radio on Tuesday evening.

He maintained the woman would get access to appropriate medical treatment but declined to talk about her individual circumstances to protect her privacy.