A Tamil family fighting to stay in Australia face weeks in detention on Christmas Island after a Federal Court ruled they could stay at least until September 18.
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The family, who settled in the Queensland town of Biloela before being taken into detention, could have been deported on Friday afternoon, but an injunction now prevents that for another 12 days.
Justice Mordy Bromberg made a ruling in Melbourne on Friday restraining the government from forcibly removing the family until an interlocutory hearing.
The family could remain in detention for months if the matter goes to a "full and final hearing" after September 18, for which a date has not yet been set.
The family's legal case hinges on two-year-old Tharunicaa Murugappan, who was born in Australia, and her right to apply for a protection visa, amid claims she would be subjected to "serious harm" in Sri Lanka.
Despite being Australian-born, Tharunicaa is deemed an "unauthorised maritime arrival" under the Migration Act, which stipulates children of asylum seekers who arrive in the country by boat cannot apply for a visa.
A succession of courts have ruled her parents Priya and Nades and four-year-old sister Kopika are not refugees and do not qualify for Australia's protection.
Speaking outside court, the family's lawyer Carina Ford said there was still hope an agreement could be reached, preferably without the family being sent back to Sri Lanka to apply for visas.
"We are open to negotiation on this matter. There are other ways to mediate disputes and we remain open on those issues to discuss alternative plans," she told reporters.
Centre Alliance MP Rebekha Sharkie said the family should be moved closer to their legal team as they await a court outcome later this month.
"Keeping the family on Christmas is just plain wrong," Ms Sharkie tweeted.
Home Affairs Minister Peter Dutton has ruled out using his discretionary powers to allow the family to stay.
But Labor Senator Kristina Keneally pointed to data showing that Mr Dutton had used these powers more than 4000 times.
"This government doesn't hesitate to use its discretion ... when it suits them," she said.
Mr Dutton maintains "the boats will restart" if he allows the family to stay. His government this week revealed the boats never stopped coming, with six fleeing Sri Lanka in recent months.
"Others are trying to get people on to boats now. This family is used as a pawn as others have been by people smugglers," he told the Nine Network.
Tamil Refugee Council spokesman Aran Mylvaganam called on the government "to bring this family back".
"Another two weeks of pain for the children is not needed. Just exercise your ministerial powers and bring them back to Biloela," he told reporters outside court.
Biloela resident Angela Fredericks, who is on Christmas Island to support the family, said they are "very apprehensive" about what the day will bring.
Ms Fredericks has created a GoFundMe page to raise $300,000 - the amount the family would have to repay to the Australian government before they would be allowed to apply as migrants.
It has so far raised more than $82,000 from more than 1700 donors.
Australian Associated Press
