Tamil family have win in Federal Court
A young Tamil girl whose family is fighting to stay in Australia has had a win in court after it was ruled she was not given procedural fairness in making a visa application.
Priya and Nades Murugappan and their Australian-born daughters Kopika and Tharunicaa, aged four and two, have spent more than a year on Christmas Island after an order halted their deportation to Sri Lanka.
Federal Court Justice Mark Moshinsky on Friday ruled Immigration Minister David Coleman had lifted the bar to consider a visa application for two-year-old Tharunicaa in May last year.
He had ordered a full departmental briefing on his options for handling the family's case, including the option that he exercise a power to allow them to apply for protection visas.
That prompted an assessment in August, during which Justice Moshinsky said Tharunicaa was "not afforded procedural fairness".
Lawyers now have seven days to tell the Federal Court what should happen next.
The family will remain in detention while the process continues.
Originally published as Tamil family have win in Federal Court