There are many media stories on the Sri Lankan family facing deportation from Australia.
Nades and Priya, are two Sri Lankans who have been seeking asylum in Australia, since 2012 and 2013.
Nades was working on temporary work visas in Qatar and Kuwait between 2004 and 2010. He then arrived at Christmas Island on a people smuggler boat in 2012.
Priya moved from Sri Lanka to India in 2001. In 2013, she then arrived at Cocos Islands on people smuggler boat from India.
Both were given temporary bridging visas to stay in Australia until their claims for asylum were assessed.
Nades (Nadesalingam Murugappan) and Priya (Kokilapathmapriya Nadesalingam) met in Australia, and married in 2014.
Their children (Sri Lankan Citizens) were born in Australia in 2015 and 2017.
They settled in Biloela, Queensland.
Their temporary visas expired in 2018.
In March 2018, as with all visa overstayers, they were taken into immigration detention.
In June 2018, following an appeal, the Federal Court of Australia found that Priya was not eligible to stay in Australia.
Priya then lodged a further appeal with the Administrative Appeals Tribunal. This was dismissed in December 2018.
Nades’ rights of appeal had already ended. It was noted that he had voluntarily returned to Sri Lanka, safely, on three occasions during the civil war, and there was no evidence to suggest that he or his family were at risk in Sri Lanka.
The family have had their appeals reviewed and rejected seven times.
Scott Morrison had stated that the family remain eligible to lodge an application to migrate to Australia; “they can make an application to come to Australia under the same processes as everyone else, anywhere else in the world. And I would hope they do.”
I have seen nothing about them applying for a visa to stay in Australia, other than wanting a protection visa.
Is the media not publicising information on any genuine visa application attempt.
It seems clear that, under Australian law, they are not eligible for a protection visa.
Priya was in India for 12 years, between 2001 and 2013, before needing protection in Australia.
Nades was working in Qatar and Kuwait for periods between 2004 and 2010, before needing protection in Australia.
The question remains, should people without a visa be permitted to stay in Australia?
If the answer is yes, the government say that could re-ignite people smuggling again.
The opposition say it won’t.
One thing would be clear in that situation, if you can keep appealling, then you might expect to be allowed to stay eventually.
How many other temporary protection visa holders are watching the outcome of this very closely?
Thank you to those who have sent me a coffee, it is very much appreciated.
Some Visa Applicants might find an Experienced Australian Migration Agent of great assistance. - ai16