High Court decides not to hear Biloela asylum seeker family’s appeal case

The High Court has rejected an application from the Murugappan family’s lawyers to hear an appeal from the asylum seekers.

The family, who had lived in Queensland town of Biloela, are disappointed with the decision, which they say puts their fate back in the hands of Immigration Minister Alex Hawke.

Advocates for a Tamil asylum seeker family say their fate is now in the hands of Immigration Minister Alex Hawke.Credit: Alex Ellinghausen/Supplied

Nadesalingam and Priya Murugappan fled Sri Lanka separately, coming by boat to Australia in 2012 and 2013 respectively. They met and married in Australia and had two daughters – Kopika, 6, and Tharnicaa, 4 – after settling in Biloela. But along the way, courts and tribunals all the way up to the High Court have ruled the parents do not have refugee status.

The Tamil asylum seeker family are now living in Perth after Mr Hawke used his powers to move them off Christmas Island, where they had been since August 2019, into community detention. The parents and older sister were granted bridging visas in June.

Family lawyer Carina Ford said in a statement on Thursday the High Court’s decision not to hear their case cleared the way for Mr Hawke to consider an application to lift a bar on Tharnicaa making a visa request.

“The matter is now in the hands of the Immigration Minister and he ... is able at any point in time to grant a visa, including a visa that would allow the family to return to and living in Biloela where they would receive community support, stability, care and a sense of belonging,” Ms Ford said.

Mr Hawke noted the High Court’s decision and said it “follows a series of previous decisions by the Department of Home Affairs, Administrative Appeals Tribunal, Federal Circuit Court, Federal Court, Full Federal Court and High Court in relation to the family”.

“The family has a number of other ongoing legal matters. It is therefore inappropriate for me to comment further,” he said in a statement.

Queensland Premier Annastacia Palaszczuk said on Thursday morning, “This is a family that is known to the Biloela community, they’ve lived in Biloela and I believe they should go home to Biloela”.

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