Biloela family relief at being moved from Christmas Island to Perth

Immigration Minister Alex Hawke confirmed on Tuesday the Tamil family would remain in community detention in Perth while they pursued their remaining legal options.

Nades Murugappan, his wife Priya and their daughters Tharunicaa and Kopica had lived in the Queensland town of Biloela for years before an 11th-hour court injunction in August 2019 prevented their deportation to Sri Lanka.

Now, after more than three years in immigration detention, most recently at Christmas Island, the family will be placed in community detention in Perth while their future remains unclear.

Family lawyer Carina Ford said the decision to reunite the family in Perth was a step forward but not the result they were hoping for.

“Clearly we want them returned to Biloela,” she told reporters in Melbourne on Tuesday.

“The family though are relieved. In fact, Nades mentioned just before when I talked to him, ‘Just get me out of here, I just want to get out of Christmas Island’.”

Ms Ford said the family was worried they would be separated but were now aware Kopica, 5, would have to resettle to another school.

“It would have been more ideal had they been sent to Biloela,” she said.

“But stating that, they’re looking forward to some freedom.”

Despite the family’s ongoing court matters, Ms Ford said Mr Hawke was able to use his power at any time to intervene in their case.

One matter deals with an application for citizenship, while a separate unrelated application is before the High Court awaiting judgment.

But Ms Ford said if Mr Hawke was to intervene, the High Court application would be void.

“It would have been lovely today to be able to stand here and say they’re going home to Biloela,” she said. “This is an exceptional case.

“It doesn’t mean the boats will continue. We just need to move on and not make an example of these children.

“Unfortunately, we’re not there yet, but it still is in the minister’s hands and his government’s hands to consider maybe a fairer approach.”

Tamil Refugee Council spokesman Aran Mylvaganam said the family was basically being moved from one detention centre to another.

Mr Mylvaganam said the family would face restrictions in community detention that prevented them working.

“They’re really happy they’re out of Christmas Island and they’re able to mingle with the rest of the community – even if it means they will have some restrictions,” he said.

“(But) this is not complete freedom.”

Mr Mylvaganam said Priya and Nades told him that they were “really happy” to hear they would be together by the evening and released into the community.

But they still couldn’t understand why the government was putting them in community detention rather than sending them to Biloela.

Tharunicaa, who is receiving medical treatment from the Perth Children’s Hospital for a blood infection, was also going well despite her health issues, he said.

Mr Mylvaganam added the fight would continue until the family was fully freed.

“They are concerned they still face an uncertain future in this country,” he said.

“They will continue this fight until they achieve complete freedom.

“Their home is in Biloela, their safety is guaranteed in Biloela and we’re not going to give up until they’re taken back to Biloela.

“This family should never have to think about ever being sent back to Sri Lanka. They should be given permanent protection.”