United Nations asks Australia to take Tamil family from Biloela out of detention on Christmas Island
The family had been living in the central Queensland town of Biloela
The United Nations Human Rights Committee has asked Australia to end the “existing situation of detention” for the Sri Lankan Tamil family being held on Christmas Island.
Key points:
• Special rapporteurs said they had requested the family be transferred “into a community setting”
• The UN body cannot force the Government to comply with the request
• The Department of Home Affairs says the family will remain on Christmas Island while the case moves through the court system
Nadesalingam Murugappan, known as Nades, Kokilapathmapriya Nadesalingam, known as Priya, four-year-old Kopika and two-year-old Tharnicaa were moved to immigration detention on Christmas Island as they fought a legal battle against deportation.
They had previously been living in the central Queensland town of Biloela until they were taken from their home and placed in immigration detention in Melbourne in March 2018.
They were flown to Christmas Island after a last-minute injunction stopped them from being deported in late August.
The injunction just applies to Tharnicaa — who lawyers argue has not had her claim for asylum properly assessed — but the family has been kept together as her case has been before the Federal Court.
In a letter seen by the ABC, two UN Human Rights Committee special rapporteurs told the family’s lawyer they had requested Australia transfer Tharnicaa and her family “into a community setting arrangement, to to find another way to end their existing situation of detention”.
The brief letter, dated October 1, said it had made the request to the Government at the request of the family’s lawyer.
The two girls were born in Australia but are not Australian citizens
A spokesperson for the Department of Home Affairs said it was “aware an interim measures request has been issued by UNHCR”.
“The family are residing on Christmas Island and will remain there whilst the judicial review proceedings are before the court,” the spokesperson said.
Home Affairs Minister Peter Dutton had previously said the family was on Christmas Island for their own safety.
Mr Dutton said the family was living in the community rather than in detention, but Priya told Sky News on September 19 that was a “complete lie”.
Australia is a signatory to the International Covenant on Civil and Political Rights, but the UN cannot force the Government to comply with the request.
Family friend and advocate Angela Fredericks said she hoped the Government would heed the advice of the UN body.
“The Government say they are committed to upholding the rule of law both internationally and domestically, so therefore we would expect them to comply with this measure as this basically is a directive coming from the international community,” she said.
Ms Fredericks said the move by the UN was based on evidence of the impact of detention on the two young girls.
