Today’s High Court decision to refuse a special leave request from lawyers representing the Biloela family is again another indication that the Federal Government’s handling of the case has been correct.

Both adults arrived in Australia illegally by boat. After arriving separately in Australia, they met, married and had two children despite being told any children would not, therefore, be Australian citizens.

The High Court’s decision follows a series of previous decisions by the Department of Home Affairs, Administrative Appeals Tribunal, Federal Circuit Court, Federal Court, Full Federal Court and High Court in relation to the family.

Liberal Senator for Tasmania, Eric Abetz, said the High Court decision was in line with the Government’s reasoned and considered approach to a difficult situation.  

The family’s claims to engage Australia’s protection obligations have been comprehensively assessed on a number of occasions by the Department of Home Affairs, various merits review bodies and appealed through multiple courts including the Federal Court to the High Court and at no time has any member of the family been found to be owed protection.

The Government’s position on border protection should not change and anyone who arrives in Australia illegally by boat should not be resettled permanently. Tough cases make bad law and to therefore make an exception for one person opens the door for everybody else in that position now and into the future while also denying a refugee who needs a place. 

Under the Liberals, one of those terms has been the criteria of genuine need. Compassionate conservatives deliver strong border protection, allowing a humane, orderly intake of those most in need besides stopping the criminal people smugglers.

Australians have rightly and overwhelmingly supported this balanced, sensible, and fair approach at the ballot box because they believe in equity over emotion.