Federal Court rules Tamil girl 'not afforded procedural fairness'
Tamil girl 'not afforded procedural fairness' in Biloela family's failed asylum bid, Federal Court rules
A two-year-old girl born in Australia to Tamil asylum-seeker parents was "not afforded procedural fairness" in her asylum bid, and the formerly Biloela-based family cannot be immediately deported, the Federal Court has decided.
Justice Mark Moshinsky delivered the judgement in Melbourne this morning, with lawyers for the family receiving the decision over the phone.
Priya, Nades and their daughters four-year-old Kopika and Tharunicaa, two, had been living in Biloela in central Queensland, but in 2018 immigration officials transferred them to a Melbourne detention centre.
They remain in detention on Christmas Island after a last-minute injunction on an attempt to deport them to Sri Lanka.
The court also ruled that Tharunicaa did not have the right to have her application automatically assessed.
According to the Federal Court ruling, both parties — lawyers for Tharunicaa and the Minister for Immigration — have seven days to agree on an order that would declare that the two-year-old's application was not afforded procedural fairness.
If the lawyers cannot agree, they have 14 days to file their proposed orders and written submissions.
The injunction preventing deportation remains in place during this period.
Lawyers argued girl's claim not properly assessed
The Tamil family has fought and lost numerous court battles to remain in Australia, saying they fear persecution if they are returned to Sri Lanka.
Tharunicaa's lawyers argued she had not had her claim for asylum properly assessed.
Hearings in the case were held in February.
The family has been backed by a vocal Biloela-based supporter group, Home To Bilo, led by family friend Angela Fredericks.
More to come.
https://www.abc.net.au/news/2020-04-17/biloela-tamil-family-decision-in-federal-court/12156380
These people came here as alledged assylum seekers, and tried to enter the country illegally. This was as "The Thinker " said well after the war in Sri Lanka had ended. Also they have returned 3 times. IMPORTANTLY the UN has declared that they ARE NOT REFUGEES.
Unfortunately Australia is an extremely soft country allowing many sympathetic alledged human rights organisations the ability, and in fact finances them to utilize Australia's legal system to prevent deportation of illegal immigrants.
I have no problem with genuine refugees, as I have family members who have either married or have gone out regularly with genuine refugees.
I wonder how many of these organisation or the so called human rights lawyers would be so adamant if the Government (read all taxpayers) was to stop financing their operations.