The High Court has ruled that a Sri Lankan refugee in indefinite detention must be allowed to apply for protection in Australia.
The woman, who was formerly associated with the Sri Lankan Tamil Tigers, arrived at Christmas Island by boat in 2010.
She was granted refugee status, while Australia's domestic intelligence agency ASIO gave her an adverse assessment.
Under the Migration Act a valid application for a protection visa can only be made with the immigration minister's approval.
But because of her negative security record, the woman's case was never referred to the minister, leaving the mother of two in legal limbo.
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Daniel Webb from the Human Rights Law Centre told Kristina Kukolja the High Court held the Immigration Department's decision was based on an incorrect interpretation of the law.
(Click on the audio tab above to hear the full interview)
