The Tamil family fighting for Australia's protection will remain in detention on Christmas Island until February when their case will go to a full and final hearing in the Federal Court
Despite being born in Australia, the toddler would normally have no right to apply for a visa because she is born to asylum seekers who came to Australia by boat.
The court will not decide whether Tharunicaa is owed protection, but whether the government properly considered if she had a right to apply for a visa.She will still need to apply for a protection visa even if she ultimately wins in the courts.Justice Mordecai Bromberg found Tharunicaa had a legal case to argueJustice Bromberg also said the case needed to be properly tested because "the inconvenience or injury" was more severe for her than the government.
The parents came to Australia separately by boat in 2012 and 2013 following Sri Lanka's civil war and established themselves in Biloela, near Gladstone.The couple claims they face persecution in Sri Lanka due to links to the Liberation Tigers of Tamil Eelam. The rest of the family has not been found to be owed Australia's protection and they have lost all possible appeals.
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