This archive report was first published on 2 October 2019.
On October 1, 2019, the UN's Human Rights Committee made a significant move in the case of a Tamil family detained on Christmas Island. The family, consisting of parents Kokilapathmapriya Nadesalingam and Nadesalingam Murugappan from Sri Lanka, and their two Australian-born children, Kopika and Tharunicaa, have been held at the detention facility for over a month.
The family's fight to stay in Australia is ongoing, with their case currently under judicial review. The parents arrived in Australia separately in 2012 and 2013, seeking asylum, but were not accepted as refugees.
However, their youngest daughter, Tharunicaa, has never had her claim assessed, and her lawyer, Carina Ford, made a submission to the UN's Human Rights Committee on her behalf last month.
Responding to the submission, the committee requested that the Australian government transfer the family into a community setting arrangement or find another way to end their detention within 30 days.
Despite this call, a Department of Home Affairs spokesperson stated that the family would remain on Christmas Island while their case was under review.
Family friend Angela Fredericks described the UN's position as 'confirmation' that detention facilities are 'no place for children or for families.'
Australia's hardline immigration policies, including offshore detention, have been widely condemned by the United Nations. The Tamil family had settled in a small rural Queensland town of Biloela, where their neighbours have banded together to push for them to be allowed to remain.
A Federal Court judge ruled last month that there was enough evidence for the toddler's case to go to trial, although a date has not yet been set.
