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.

The Federal Government has maintained the status of Tharunicaa is linked to that of the rest of her family, and their bids for protection visas were denied in 2017.

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

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21 comments

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.

I am sure this family can return when their friends in Biloela can sponsor them. It's a pity they didn't come through the legal channels. 

There are 10,000 others like this family sitting in Indonesia that are waiting for this family to get the go-ahead to stay. 

When all is said and done..this family is loved by the town of Biloela.

 

Bring them home' chanted for refugee family | Observer

A few are not the entire town. I am sure there are some that would like to get a job at the abattoir too.

 

The photographer must have found it difficult fitting 5,700 people in the frame brocks!

To the "non" thinker and others who do not think for theselves.

As Australians we should encourage those who want to bring up their kids and work and pay taxes.

They are obviously known by many at Bilo and to yell from the stands about what you know to be fact without knowing the fmily concerned, or the hundreds of citizens in the town that know them, is to embarras yourselves by your lack of compassion and knowledge about humans. Another Dutton supporter we suppose, look at his record.

No dought you would support the dole bludger, the generational unemployed, the druggos who have never sought an honest days work, the domestic violence perpertrators and any one of thousands of the "entitled generation" who think the world owes them a living. Get them to get a job and support their country, then you have some viability, until then get the facts and think.

My photo shows where Australia is going to end up if we dont wake up soon and ignore the "entitled".

 

Currently, this family's detention stay has cost taxpayers $26.8m. Nades' job could never pay back the money as well as the other expenses since his arrival in 2012.

There are 10,000 economic refugees sitting in Indonesia waiting for this family's outcome.  There are millions of refugees from war-torn countries sitting in camps waiting to be placed somewhere.  They should be receiving help. That 26.8m could have gone toward helping them.

 

 

I intensely dislike the lies which are repeated often by Dutton’s disciple. 

This family have gone from taxpayers and involved community members to financial burdens through NO FAULT of their own and to simply prove a point that one person wields so such power and is ”head honcho”. 

The community of Biloela want this family back and I would like to see at end to the totally unnecessary costs on the taxpayer by their incarceration. 

#hometobilo 

 

I agree 45er

"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."

They are nothing but Q jumpers and should be sent back to whence they came from as obviously they do not have problems visiting their country.

 

It's sad that people exist in countries with poor Governments. They can't educate their people on the environmental and economical effects of overpopulation.  It would be wiser if well off nations provided such nations with free education and contraception. This could stop economic refugees seeking a better lifestyle and save Australians in taxes.

Read my previous post and others who know and educate your selves, the story about leaving the country is just a lie to justify the uneducated statements by unknowledable people. If we love Australia we should ask permission of the native Auastralians if we all could live here.

The Government will have to change the birthright law. Only English-speaking countries have birth rights. European countries do not give citizenship to babies just because they happen to be born in the country. These kids take on the citizenship of the parents.

People fly to London, Dublin, Ottawa, Australia generally and New Zealand just to have the kid born in a western country. The kid claims the citizenship later on and sponsors the parents into the new domicile. There are more Irish passports floating around the world than the have citizens living there. Maybe the laws have changed somewhat with Brussels have a say in all this (Ireland being in the EU).

Fiji and other Pacific nations have done that to Aus and NZ for years. Some of those countries even sell their citizenship.

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