A Tamil family facing deportation has received a two-day reprieve, with an injunction extension preventing them from being removed from Australia temporarily.
The Federal Court in Melbourne has extended the latest injunction until Friday, protecting the family’s youngest child, two-year-old Tharunicaa, from being deported.
Justice Mordecai Bromberg ordered the Federal Government to not forcibly remove the girl until 4pm.
Lawyers have assured the family that they will not be separated, despite the court application only applying to Tharunicaa.
On Tuesday night, the court heard Immigration Minister David Coleman declined to use his discretionary powers to allow Tharunicaa to apply for a protection visa.
The family is currently detained on Christmas Island while they wait for the outcome.
She has been considered to be an unauthorised maritime arrival because her parents arrived by boat, despite her birth in Australia.
She cannot apply for a visa from detention, with only Mr Coleman able to make an exception.
The matter was adjourned until Friday.
The family’s lawyers said they needed more time to consider the impact of Mr Coleman’s decision.
Thurnicaa’s father Nades and mother Priya Nadarasa’s applications for asylum have repeatedly been rejected.
The family, which also includes four-year-old Australian-born Kopika were deported back to Sri Lanka last week.
However, lawyers representing Tharunicaa were able to get a last-minute injunction on Thursday.
The Border force plane the family was travelling on was forced to land in Darwin early on Friday morning.
Nades and Priya came to Sri Lanka on boats in 2012 and 2013.
They have been living in the Queensland town of Biloela on bridging visas.