Biloela family granted permanent visas through minister’s intervention

The Nadesalingam family has been granted permanent residence in Australia after an intervention by Immigration Minister Andrew Giles.

The Nadesalingam family after the decision was announced. Picture: Twitter/@HometoBilo

The Nadesalingam family has been granted permanent residence in Australia after an intervention by Immigration Minister Andrew Giles, ending a years-long legal limbo for the Tamil family.

Mr Giles announced the decision on Friday afternoon.

“Following careful consideration of all relevant matters and options before me, I exercised my power … to intervene in the case of the Nadesalingam family,” he said in a media release.

“This Government made a commitment before the election that, if elected, we would allow the family to return to Biloela and resolve the family’s immigration status. Today, the government has delivered on that promise.

“This decision follows careful consideration of the Nadesalingam family’s complex and specific circumstances.”

The move comes after the family was issued temporary visas by then acting Home Affairs Minister Jim Chalmers in the first week of the Albanese government. This decision meant the youngest daughter Tharnicaa, 5, celebrated her birthday for the first time outside immigration detention earlier this year.

The Nadesalingam family – otherwise referred to as the Biloela family after their Queensland town of residence – made national headlines when they were taken to immigration detention in 2018 under the former Coalition government when their bridging visas expired.

The family said they would face persecution if deported to Sri Lanka, but were found not to meet refugee requirements.

Opposition home affairs spokeswoman Karen Andrews disparaged the decision.

“Actions have consequences and this sets a high profile precedent,” Ms Andrews said. “It undermines the policy that if you come here illegally you will never settle in Australia.”

“Last time Labor was in government, more than 50,000 people arrived here illegally on more than 820 boats. Tragically, at least 1,200 people died at sea.

“Together with Labor’s policy to abolish Temporary Protection Visas, this gives people smugglers a product to sell to desperate families and people.”

However, the Labor government has again emphasised it will, like the Coalition government before it, turn back illegal people-smuggling boats.

“For anyone who attempts to migrate via an unauthorised boat to Australia – you will be caught, returned or sent to a regional processing country,” Mr Giles said. “I do not want people to die in a boat on a journey when there is zero chance of settling in Australia.”

Suresh Rajan, a long-time advocate for the Nadesalingam family, excoriated Ms Andrews’ response.

“Karen Andrews is really just continuing to roll out the Liberal Party policy of ‘we do not treat people as human beings’,” Mr Rajan said.

“The Liberal Party policy just continues to ignore the fact that these are people who could potentially die if they go back to the country that they came from.”