Tamil asylum seeker family granted fortnight’s reprieve

A Tamil family’s fight to stay in Australia will last at least another fortnight.

Nadesalingam Murugapan, with her husband Kokilapathmapriya Nadarasa and their children, Kopika, 4 and Tharunicaa, 2. Picture: 10 News.

A Tamil family’s fight to stay in Australia will last at least another fortnight after a Federal Court judge extended an injunction preventing the government from removing a two-year-old girl from the country.

In Melbourne, judge Mordy Bromberg extended the injunction until an interlocutory application is heard on September 18.

The court heard earlier this week that Tharunicaa, the youngest child of the Sri Lankan family, failed a protection assessment.

The court was told Tharunicaa failed a protection assessment on Tuesday.

Justice Bromberg said that although the matter was being adjourned until September 18 — and the injunction stopping the girl’s removal extended to 4pm that day — a full hearing to determine her fate had not been organised.

“The full and final hearing, if it occurs, may require some time and preparation,” he said.

Nadesalingam Murugappan and his wife, Kokilapath­mapriya Nadarasa, came to Australia from Sri Lanka on boats in 2012 and 2013 respectively.

They were rejected as refugees and have been living in the rural Queensland town of Biloela on bridging visas.

Their two children Kopika, 4, and Tharunicaa, 2, were born in Australia.

The family’s lawyer Carina Ford said outside court it could take months for the case to be resolved.

“If it goes to a final hearing, it could be months,” Ms Ford said.

She said she hoped the government would change their mind and allow the family to stay in Australia.

“Like anyone, governments can change their position on things,” she said. “We know that through other ministerial powers which have been highly publicised this week where they have been used.”

She said the public interest power, which allows a minister to grant a visa, is “open to be reconsidered”.

“Yes it does require the minister intentionally changing their position, I appreciate that,” she said. “But there are ways to do that (while) still maintaining the enforcement of our borders.”

The family have launched multiple legal challenges to the Department of Immigration’s initial ruling, which have been rejected by multiple courts.

They were being returned by charter flight to Sri Lanka on Thursday last week when a court injunction forced their plane to land in Darwin. The family has since been taken to Christmas Island.

Previous High Court appeals on behalf of the two adults and the eldest child have all failed.