A two-year-old girl born in Australia to Tamil asylum-seeker parents was “not afforded procedural fairness” in her asylum bid, however her application cannot be automatically assessed, the Federal Court has ruled.
Justice Mark Moshinsky delivered the judgement in Melbourne this morning, with lawyers for the family receiving the decision over the phone.
Priya, Nades and their daughters four-year-old Kopika and Tharunicaa, two, had been living in Biloela in central Queensland, but in 2018 immigration officials transferred them to a Melbourne detention centre.
They remain in detention on Christmas Island after a last-minute injunction on an attempt to deport them to Sri Lanka.
The Tamil family has fought and lost numerous court battles to remain in Australia, saying they fear persecution if they are returned to Sri Lanka.
The federal government has maintained the status of Tharunicaa is linked to that of the rest of her family, and their bids for protection visas were denied in 2017.
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Tharunicaa’s lawyers argued she had not had her claim for asylum properly assessed.
Hearings in the case were held in February.
The family has been backed by a vocal Biloela-based supporter group, Home To Bilo, led by family friend Angela Fredericks.
-more to come
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