The Minister must use discretionary powers to allow a fair process for Muruguppan Family in light of the High Court Decision today

Media Release
12 August 2021

Today, the High Court of Australia has decided it will not hear the Special Leave application made in XAD claim lodged by the Muruguppan family from Biloela.

The High Court has conducted the matter on the papers with no hearing.

The family remains in Perth due to the way the Minister of Home Affairs decided to release them from Christmas Island detention centre.

The youngest child, Tharnicaa remains in community detention with an address fixed to Perth, preventing the family from returning to Biloela. The other three members of the family hold Bridging Visa Es that will expire in September.

The Department brief relating to Tharnicaa’s asylum claim is currently before the Minister. The request to the Minister (s48B) for the statutory bar to be lifted so that Tharnicaa be allowed to lodge her own protection visa application, has still received no response.

The community of Biloela have urged the Morrison Government to let the family return home, where they will be employed, supported and can access ongoing, appropriate medical care for physical and mental health conditions caused by their long-term indefinite detention and medical neglect.

Medical neglect while detained in isolation at the remote Christmas Island detention centre saw the youngest child’s life recently in danger.

Both children have recurring infections, likely due to immune system stress. They are also receiving mental health treatment after three years of immigration detention.

An Essential poll undertaken by the Asylum Seeker Resource Centre (ASRC)  shows that the majority of Australians supported the federal government allowing the family to return to Biloela with permanent visas to stay there.

The ASRC joins the town of Biloela and the majority of the Australian community in asking the Minister to urgently intervene and allow Tharnicaa to apply for protection, and more widely, for sensible, humane treatment of the whole family.

Dr Carolyn Graydon, ASRC’s Human Rights Law Program Principal Solicitor.

“The legal situation of the Muruguppan family exposes the cost of the Government cutting corners to set up a punitive fast track determination process for those who arrived by sea, and undermining the integrity and reliability of Australia’s refugee determination system in the process.”
 
“Their cases highlight how the Fast Track process is designed to punish those who arrived by sea, and continues to churn out unlawful decisions, indicated by the significant 40% of Immigration Assessment Authority (IAA) decisions later found to be unlawful when appealed to the Federal Circuit Court.”

“Tharnicaa is a child entitled to have her human rights respected, including her right to seek asylum and the Minister must allow her to put forward her claims for protection and have them properly assessed.”

Jana Favero, ASRC Director of Advocacy and Campaigns.

“The Minister has no excuse but to lift the bar and allow Tharnicaa a fair process to apply for protection, or simply grant the whole Muruguppan family asylum and a permanent home in Biloela.”

“The question needs to be put to the Minister, why isn’t he using his powers, in the public interest, to allow two little girls born in Australia and their parents a permanent home in Biloela?”

“The ASRC’s recent Essential poll results show this is what the majority of the Australian public want from the Minister.”

“It’s important to note that today’s decision by the High Court of Australia was not a judgement or ruling on the family’s refugee status.”

“The entire asylum system is not viable and must be overhauled, starting with granting the Muruguppan family protection visas and a permanent home, which the Minister can do right now regardless of any court proceedings.”

ENDS

Media contact: Marcella Brassett on 0411 026 142