A Tamil family fighting to stay in Australia have woken up in the nation again, after the Federal Court ruled they could stay at least another 12 days.
The family, who settled in the Queensland town of Biloela before being taken into detention, could have been deported on Friday afternoon, Justice Mordy Bromberg made a ruling in Melbourne on Friday restraining the government from forcibly removing the family - who are detained on Christmas Island - until an interlocutory hearing.
Priya and Nadesalingam and their two children were happily living in Biloela in central Queensland. Source: Supplied
The family could remain in detention for months if the matter goes to afor which a date has not yet been set.
Their legal case hinges on two-year-old Tharunicaa Murugappan and her right to apply for a protection visa, amid claims she would be subjected to "serious harm" in Sri Lanka.Despite being Australian-born, 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.
Supporter's of the Biloela Tamil asylum seeker family gather outside of the Federal Court in Melbourne, Wednesday, September 4, 2019. Source: AAP
A succession of courts have ruled her parents Priya and Nades and four-year-old sister Kopika are not refugees and do not qualify for Australia's protection.
Speaking outside court, the family's lawyer Carina Ford said there was still hope an agreement could be reached, preferably without the family being sent back to Sri Lanka to apply for visas.
Home Affairs Minister Peter Dutton has ruled out using his discretionary powers to allow the family to stay, claiming "the boats will restart" if he does.His government this week revealed the boats never stopped coming, with six fleeing Sri Lanka in recent months.
Home Affairs Minister Peter Dutton. Source: AAP
Labor Senator Kristina Keneally says Mr Dutton has used his discretionary powers more than 4000 times.
"This government doesn't hesitate to use its discretion ... when it suits them," she said.