A Tamil family who have been fighting deportation will remain in Australia for at least another 12 days after the Federal Court extended an injunction in the case of their two-year-old daughter Tharunicaa's bid for asylum.
A series of courts, including the High Court, have previously found her parents, Priya and Nadesalingam and the eldest child, four-year-old Kopika, are not refugees and therefore do not qualify for Australia's protection.
On Friday, Justice Mordy Bromberg ruled that the injunction would be extended until 4pm on September 18 and the court adjourned until then to allow time for more evidence to be prepared.
Earlier this week the hearing was delayed to give the family’s lawyers enough time to respond to the last-minute decision by Immigration Minister Davide Coleman, who rejected an application for ministerial intervention in the two-year-old’s case.
An earlier photo of the detained Tamil family from Biloela. Source: Supplied
The family are the only people detained on Christmas Island, after they were removed from the Melbourne immigration detention centre, where they had lived since March 2018, last week.
A court injunction regarding Tharnicaa’s case, which was extended until 4pm on Friday last week, has so far prevented the family’s forced return to Sri Lanka, where they fear they will be mistreated due to Nadesalingam’s connection to the Tamil Tigers separatist group.
Despite being born in Australia, Tharunicaa has been deemed an "unauthorised maritime arrival" under the Migration Act, which stipulates children of asylum seekers who arrive in the country by boat cannot apply for a visa.
The small Queensland community of Biloela - where the family lived prior to its detention - have long been vocal in support of the family, who they say make a valuable contribution to the rural town.
Family friend and Biloela resident Angela Frederiks - who travelled to Christmas Island to support the family - told SBS News the family should be “brought back to Biloela” immediately.
Despite the widespread support for the family, Prime Minister Scott Morrison has continually backed the court’s decision that “there is no asylum claim” and therefore refused to intervene.
The prime minister has previously said the family is welcome to reapply for an Australian visa after they have returned to Sri Lanka, but made clear that they would not receive special treatment.
Opposition leader Anthony Albanese this week travelled to Biloela to meet with friends of the family and has urged the government to utilise ministerial intervention to allow them to stay.
Would the family be safe in Sri Lanka?
A debate has raged over whether the family will face legitimate danger if returned to Sri Lanka, with Mr Morrison arguing that Nadesalingam has returned to his country multiple times since moving to Australia without incident.
Priya and Nadesalingam fled Sri Lanka during the bloody civil war between the Tamil Tigers and the government, arriving in Australia separately by boat in 2012 and 2013.
Supporter's of the Biloela Tamil asylum seeker family gather outside of the Federal Court in Melbourne. Source: AAP
While the war ended in 2009, some experts argue that persecution of Tamils - an ethnic minority in Sri Lanka - still continues.
Dr Matt Withers, a Sri Lanka expert at Macquarie University, told SBS News earlier this week that in the 10 years since the civil war ended, reconciliation had stalled and "continuing ethnic discontent is very much alive".
"It's hard to speak specifically to the sorts of conditions this family will encounter, [but] I'm inclined to agree there is a high likelihood of structural discrimination, if not a real threat of violence,” he said.
Sri Lankan Consul General to Australia Lal Raj Wickrematunga has previously told SBS News it is "safe" for the family to return.
"As far as the Sri Lankan government is concerned, Sri Lanka is safe for Tamil families to return,” he said.
More to come
