A Tamil family detained on Christmas Island and fighting deportation has been given a 24-hour lifeline by the Federal Court.
A hearing on Wednesday on Wednesday could not find a solution in the controversial case of Priya and Nades Murugappan and their daughters Tharunicaa, two, and Kopika, four.
The plans of the federal government to bring the family back to Sri Lanka were put on hold by an earlier order that expired on Wednesday at 4 p.m., with Justice Mordy Bromberg giving orders until 4 p.m. on Thursday.
A hearing in Wednesday on Wednesday could not find a solution in the controversial case of Priya (photo right) and Nades Murugappan (photo left) and their daughters Tharunicaa, two (photo left) and Kopika, four (photo right)
Lawyer Angel Aleksov argued on Wednesday that Tharunicaa, born in Australia, was legally entitled to apply for a visa when & # 39; the bar was lifted & & # 39; between July and August 2017, following a decision by Interior Minister Peter Dutton.
This change has lifted the usual restriction to apply for a visa under the Migration Act, which usually believes that children of asylum seekers arriving by boat are not entitled to refugee status.
Last week, a visa application was filed for Tharunicaa, with Mr. Aleksov arguing that the bar should be lifted to assess her right to stay in Australia.
But Stephen Lloyd, acting for the federal government, said that the bar was only lifted temporarily and that no application was being made at that time.
He admitted there was no evidence that the family had been informed that they should take advantage of & # 39; out of that window.
Aleksov argued that Tharunicaa had the right to apply for a visa, that her case & # 39; is still on the train & # 39; and the government is not authorized to deport her with her family to Sri Lanka.
Last week, a visa application was filed for Tharunicaa (photo left), with Mr. Aleksov arguing that the bar should be lifted to assess her right to stay in Australia
& # 39; It is a very serious question as to whether my client has been lawfully detained & he said.
Mr Aleksov argued that the minister should be obliged, and in fact had a duty, to investigate Tharunicaa's claim, the only question being whether she had been disqualified under the legislation.
& # 39; It is accepted that if the applicant has submitted a valid visa application, there is no authority to remove it until it is determined, & # 39; said Justice Bromberg.
& # 39; This all assumes that there was a power to delete … because there was still a legal process & # 39 ;.
Aleksov also argued that if the family was deported, it would be a situation of & # 39; literally life or death & # 39; but he agreed that there was no evidence in court of their risk of serious damage in Sri Lanka.
The family had settled in the Biloela congregation in Queensland before they were taken into custody. The parents and sister of Tharunicaa already refused the refugee status in Australia.
The family had settled in the Biloela congregation in Queensland before they were taken into custody, with the parents and sister of Tharunicaa (photo front right) and photo left (right and left) refusing all refugee status in Australia.
Local population Biloela created a petition to keep the family, generated more than 240,000 signatures and provided support from shock jock broadcaster Alan Jones and MP Barnaby Joyce.
& # 39; There is an overwhelming anger about how this family has been treated and the anger is completely legitimate & # 39 ;, Jones wrote in The Daily Telegraph.
& # 39; Who is represented by this quirky, hypocritical, inconsistent and heartless treatment of this family? In an apparently Christian society it may be time for a little practical Christianity. & # 39;
He also threw the government on national radio and insisted that the family & # 39; hardworking & # 39; were people who contributed to the community.
& # 39; I think this is a shameful chapter of the Morrison government, it clearly doesn't matter & # 39 ;, Jones said live in the broadcast.
Biloela locals created a petition to keep the family (photo), generated more than 240,000 signatures and provided support from shock jock broadcaster Alan Jones and Nationals MP Barnaby Joyce
& # 39; I don't care what these people have or have not done. They didn't kill anyone, they didn't chase anyone, they didn't offend anyone. And they are treated this way in my country, your country.
& # 39; The monsters here are the government. & # 39;
But Mr. Dutton insisted that the family were not real refugees and only arrived in Australia because they were paying smugglers.
He also previously accused the family of dragging their children through the legal system, although a series of courts found the couple and their oldest child not refugees.
& # 39; This case has been going on for a long time … It has been reviewed by the court, by the federal court, by the full federal court, by the High Court, & # 39; Dutton told Channel Nine & # 39; s Today Show last month.
& # 39; I would like the family to accept that they are not refugees, they do not owe any protection from our country, & # 39; he said.
& # 39; We have been clear and consistent in the reports that we do not want people to settle down by boat. & # 39;
The family was returned to Sri Lanka on a plane last month, but in the last hours of the night Judge Heather gave Riley an order to block the movement while their plane was in the air. A wave of supporters gathered to protest at Melbourne airport and called & let them stay & # 39; (photo)
Despite the fact that he had two daughters born in Australia, Mr. Dutton insisted that the family know they should leave the country.
Prime Minister Scott Morrison supported Mr Dutton's claims and explained that making an exception for one family would cause a wave of illegal boats.
The family was returned to Sri Lanka on a plane last month, but in the last hours of the night Judge Heather gave Riley an order to block the movement while their plane was in the air.
The plane was diverted to Darwin and the family was escorted from the airport.
A wave of supporters gathered to protest at Melbourne airport and called & let them stay & # 39 ;.
Tamil Refugee Council Representative Aran Mylvaganam said he had spoken to Priya and Nades from Christmas Island at night when they spent their prison-like circumstances surrounded by guards.
& # 39; The circle of guards has been instructed by the Australian Border Force to capture every moment of their stay there on video & # 39 ;, he said Wednesday.
& # 39; It causes some kind of fear. & # 39;
Justice Bromberg is expected to make a decision on Thursday at 2.15 p.m. on whether the case will proceed to a & # 39; full and final & # 39; hearing and whether the family will stay in Australia until then.
Representative of the Tamil Refugee Council Aran Mylvaganam (photo) said he had spoken to Priya and Nades from Christmas Island at night when they spent their prison-like circumstances surrounded by guards
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