A Tamil asylum-seeker family detained on Christmas Island cannot be resettled in New Zealand or the United States, the Home Affairs minister has confirmed, after the government appeared to canvas the possibility this week.
Karen Andrews said on Thursday the family from the small Queensland town of Biloela "does not have access" to the resettlement programs the federal government has arranged with the two countries.
"In relation to resettlement options, the arrangements we have in place with the United States and New Zealand are in respect to refugees," she told 4BC radio. "This family does not have refugee status."
The family, including parents Priya Murugappan and husband Nades, three-year-old Tharnicaa and sister Kopika, five, have been detained on Christmas Island since August 2019 after an urgent court injunction blocked their deportation to Sri Lanka.
Renewed attention has been placed on the family’s situation after Tharnicaa was medically evacuated for treatment at Perth Children's Hospital on Monday after more than 10 days of high fevers, vomiting, and diarrhoea.
She was later diagnosed with a blood infection caused by untreated pneumonia, supporters said.
Her mother was permitted to travel with her to Perth, but her father and sister remain on Christmas Island.
In response to a question about the family's situation on Tuesday, Minister Andrews said a "range of resettlement options" were being considered.
“We are going through the process now of investigating a range of resettlement options in relation to a number of different circumstances here in Australia,” she told reporters.
Foreign Minister Marise Payne separately expanded on Ms Andrews' comments, indicating the US and NZ were possible resettlement options.
Minister for Home Affairs Karen Andrews at Parliament House in Canberra, 6 April. Source: AAP
"I do know that the Minister for Home Affairs, Ms Andrews, has indicated that there are two options there and the United States and New Zealand are both in the frame," she told 2GB radio.
But Ms Andrews on Thursday insisted she was speaking about a "broad cohort" of individuals seeking resettlement in her earlier comments, not specifically the family.
"I did try and be very clear two days ago when I said we were looking at resettlement options," she said.
"We are negotiating with New Zealand in particular, and there is already a resettlement agreement for refugees with the United States. That is as far as it has gone from my point of view. And I have been very clear on that.
"But, having said that, I’m working to deal with a large number of cohorts that we have here in Australia that are needing to be resettled, who cannot and will not be allowed to resettle permanently in Australia. That is a broad response, and that is what my comments were two days ago. It wasn’t in relation to the specifics of this family."
Meanwhile, Immigration Minister Alex Hawke has formally begun his review of the family’s case, which will determine his decision on whether they can stay in Australia.
Mr Hawke is understood to have received a submission from the family in recent days. His review will decide whether to lift a statutory bar that prevents the family from applying for other visas in Australia.
The restriction is in place because the Department of Home Affairs has previously found the family’s case does not meet Australia's protection obligations.
"This family, where they have had their cases determined, have been deemed to not be owed protection by Australia, which means they don’t have refugee status. That has been upheld every time there has been an application before the courts for those particular family members," Ms Andrews said on Thursday.
"That means there is no obligation for us to provide protection to them, which means they should be returning to their home country of Sri Lanka."
A protracted legal battle to secure the family's right to remain in Australia currently hinges on whether Tharnicaa has the right to apply for protection.
Tharnicaa (right) in hospital on Christmas Island with her sister, Kopika, on Sunday. Source: Supplied
In February, the that found when her application for a protection visa was assessed.
Meanwhile, Ms Andrews said she hopes Tharnicaa recovers quickly.
"Her health is the primary concern for me and for others at this point in time. We are doing all that we can to make her and her mother, who is with her, comfortable," she said.
Supporters have claimed Tharnicaa was denied appropriate medical treatment after she became unwell. Priya said she had repeatedly tried to raise the alarm about the severity of her daughter's condition in the lead up to her evacuation but was only offered Panadol and Nurofen.
International Health and Medical Services (IHMS), who are contracted by the government to provide health care to detainees on the island, said in a statement on Wednesday that "appropriate and timely medical care was provided" to Tharnicaa.
It followed similar statements from the Department of Home Affairs, who strenuously denied any allegations of inaction or mistreatment towards people in their care.
A Department spokesperson said Tharnicaa had been receiving medical treatment and daily monitoring on the island “consistent with medical advice”, both through a general practitioner and the Christmas Island Hospital.
It is understood she was first admitted into hospital on Christmas Island on Sunday morning.
