Tamil family wins new deportation reprieve

A Tamil family has been given another reprieve from deportation while lawyers fight in the Federal Court for their right to stay.

The court gave the family, which had settled in the Queensland town of Biloela, a two-day delay on Wednesday after Immigration Minister David Coleman decided not to use his discretionary powers in favour of the family.

That meant they were due for deportation by 4pm yesterday, giving lawyers enough time to consider new materials.

However, yesterday morning, Justice Mordy Bromberg ruled the government could not forcibly remove the family, who are detained on Christmas Island, until 4pm on September 18.

It came after barrister Angel Aleksov flagged the family had lodged a new application, which would be decided at an interlocutory hearing the same day.

The family’s legal case hinges on two-year-old Tharunicaa, who was born in Australia and her right to apply for a protection visa.

Despite being Australian-born, Tharunicaa has been deemed an ‘‘unauthorised maritime arrival’’ under the Migration Act, which stipulates children of asylum seekers who arrive in the country by boat cannot apply for a visa.

Justice Bromberg said both parties had consented to the delay until a ‘‘full and final hearing’’ was held.

Her parents Priya and Nadesalingam and four-year-old sister Kopika have been deemed not refugees, not qualifying for Australia’s protection, by a succession of courts, including the High Court.

– AAP