The Times Australia
The Times News

.

It's time to give visas to the Biloela Tamil family and other asylum seekers stuck in the system

  • Written by Alex Reilly, Adjunct professor, University of Adelaide

Priya and Nades Murugappan and their two children Kopika and Tharunicaa have been seeking protection visas in Australia since 2012. Nearly a decade later, they are still waiting.

The family was removed from their home in the Queensland town of Biloela and put in detention in Melbourne more than 1,000 days ago. In August 2019, they were moved[1] to Christmas Island while their case was proceeding slowly through the courts.

Keeping them in detention on the island has cost the government[2] $1.4 million in the past year alone.

The federal court today upheld a ruling[3] that the government had denied the youngest member of the family, Australian-born Tharunicaa, procedural fairness in the handling of her visa application.

However, the court also ruled that the minister for immigration did not, in fact, have an obligation to allow Tharunicaa to make an application for protection at all.

The court action prevents the family’s removal from Australia — for now. But it changes little for their immediate situation.

They will remain in detention unless the government heeds calls from their lawyers and supporters to let them return to their community while the long court process plays out, or simply grants them a visa to stay in Australia, cutting through the interminable legal process.

Background of the case

Nadesalingam (Nades) sought asylum in Australia in 2012 and made an application for a permanent protection visa on the basis he was associated with the Liberation Tigers of Tamil Elam[4], which had fought a long war against the Sri Lankan government.

An officer in the Department of Immigration refused the claim in September of that year, noting that Nades had travelled to and from Sri Lanka between 2004 to 2010 on several occasions without incident, and there was no evidence his family had been targeted for persecution.

Challenges to this decision were refused in numerous tribunals and courts from 2013–15, as well as through direct ministerial intervention.

Read more: How the Biloela Tamil family deportation case highlights the failures of our refugee system[5]

The Labor government’s refugee and asylum seeker policy was in disarray at the time. When the Christmas Island detention centre had filled beyond capacity in 2010, people were moved to detention on the mainland. And when those centres began to reach capacity, the government released most asylum seekers into the community on bridging visas.

This group of asylum seekers was dubbed by the Coalition as Labor’s “legacy caseload[6]”.

A rally in support of the family in Melbourne in 2019. A rally in support of the family in Melbourne in 2019. Ellen Smith/AAP

Nades’s wife, Priya, arrived in Australia separately in 2013, one of among 25,000 people who came by boat that financial year.

Her claim was finally processed under a different legal regime introduced by the Abbott government in December 2014. Under this system, people arriving by boat and seeking asylum could apply only for temporary protection, and review rights were limited to a new “fast track” process.

Priya was not interviewed by an officer in the Department of Home Affairs until February 2017 (when she was eight months pregnant with Kopika). Her application was refused months later.

While all these legal proceedings were working their way through tribunals and courts, Priya and Nades got on with their lives. They were married and settled in Biloela in 2014, and had two children.

Kopika (right) and Tharunicaa in 2019. Kopika (right) and Tharunicaa in 2019. PR Handout Image/Supplied

Making sense of Australia’s protection obligations

From the government’s point of view, the family has exhausted their legal claims for asylum in Australia.

But the situation is complicated because of the length of time it has taken to exhaust their legal rights. There are now the legal rights of the children to consider.

It is incumbent on Australia to ensure the children of asylum seekers are not at risk of serious harm if the family is returned to Sri Lanka.

Kopika was included in Priya’s claim from protection, but Tharunicaa was not, so a separate application was made to the minister on her behalf. The basis for the claim is that the family’s circumstances have changed since they arrived in Australia, making it more likely they would face persecution if they were returned to Sri Lanka.

Read more: Could the Biden administration pressure Australia to adopt more humane refugee policies?[7]

In particular, the intense media attention of their situation has made them more prominent in Sri Lanka and highlighted their purported connections to the LTTE.

On the other hand, the political situation in Sri Lanka has changed since Priya and Nades first came to Australia, raising questions of whether they are still at risk of serious harm on return.

Now that the federal court’s ruling that Tharunicaa was denied “procedural fairness” has been upheld, new submissions can be made on whether the minister should lift the bar and allow her to make an application for a protection visa.

The minister may decide, however, not to raise the bar, thus blocking a path to applying for a protection visa. Their future in Australia remains very uncertain.

The Christmas Island detention centre The Christmas Island detention centre where the Murugappan family has been held since 2019. Richard Wainwright/AAP

The politics and ethics of refugee protection

The whole saga raises difficult questions of law and policy.

There is a paradox at play. On the one hand, Australia’s highly evolved review rights for asylum seekers has allowed the Murugappan family to hold government decision-making to the highest standards. On the other hand, it has left them languishing in a state of limbo for years.

There is also an underlying ethical question that plagues our response to asylum seekers. Even if asylum seekers ultimately fail to convince the government they deserves protection, does the length and condition of their stay in Australia (or in offshore detention) create new obligations on the part of the government?

Read more: With our borders shut, this is the ideal time to overhaul our asylum seeker policies[8]

For example, should asylum seekers be granted protection on the basis their rights have been violated in Australia while they have waited for years for their claims to be processed, or simply because they have become part of the Australian community?

There comes a point where our hardline response to asylum seekers is not appropriate anymore.

Arguably this point was reached long ago in relation to the Murugappan family — it is not longer morally, practically or financially appropriate to continue denying them a visa. We need to stop the cycle of appeals and cross-appeals on technical legal questions — and let them build a life.

Read more https://theconversation.com/its-time-to-give-visas-to-the-biloela-tamil-family-and-other-asylum-seekers-stuck-in-the-system-155354

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

Duke of Dural to Get Rooftop Bar as New Owners Invest in Venue Upgrade

The Duke of Dural, in Sydney’s north-west, is set for a major uplift under new ownership, following its acquisition by hospitality group Good Beer Company this week. Led by resp...

Prefab’s Second Life: Why Australia’s Backyard Boom Needs a Circular Makeover

The humble granny flat is being reimagined not just as a fix for housing shortages, but as a cornerstone of circular, factory-built architecture. But are our systems ready to s...

Melbourne’s Burglary Boom: Break-Ins Surge Nearly 25%

Victorian homeowners are being warned to act now, as rising break-ins and falling arrest rates paint a worrying picture for suburban safety. Melbourne residents are facing an ...

Exploring the Curriculum at a Modern Junior School in Melbourne

Key Highlights The curriculum at junior schools emphasises whole-person development, catering to children’s physical, emotional, and intellectual needs. It ensures early year...

Distressed by all the bad news? Here’s how to stay informed but still look after yourself

If you’re feeling like the news is particularly bad at the moment, you’re not alone. But many of us can’t look away – and don’t want to. Engaging with news can help us make ...

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...