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Contributed by Ugly
A lot of people supporting the Biloela family’s bid to stay in Australia, will be happy that the Federal Court ruled that they can leave detention ad return to their Australian home.
Priya, Nadesalingam, and their Australian-born daughters (4) and Kopika (2), have been locked up on Christmas Island since being taken into custody on 1 August last year.
The Biloela’s have every reason to be happy about this result. It moves them closer to achieving their goal of staying.
The Tamils came to Australia because of persecution in Sri Lanka. The Australian government had denied a permanent visa and had been trying to send them back, despite being contributors to their adopted community, which continued to show their support for them. Whenever they appeared in court during the long fight to stay, there were always plenty of supporters on the scene.
Their plight made news and the support started to come in from around the country, creating a wave of pro- Biloela family public opinion. The case became an embarrassment to the government.
Their barrister, Angel Aleksov, argued that a determination by Home Affairs Minister Peter Dutton in July 2017 allowed her to apply for a visa.
The Federal Court decision comes from its determination that the two daughters were born in Australia did not receive justice.
Tharunicaa had the right to apply for her own protection visa. The minister David Coleman has opened the door to it through his administrative action, and she had not been advised when her case was looked into last year.
Kopika had been denied procedural fairness, the Court ruled.
Although the detention has ended, permanent residence has not been granted yet. This is in the hands of the government. It now has to decide its next move.