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High Court finds in favour of SL Tamil woman

12 December 2013 05:11 am - 9     - {{hitsCtrl.values.hits}}

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Australian Immigration Minister Scott Morrison will have to consider the case of a Tamil Sri Lankan woman in indefinite detention after the High Court ruled his department made a mistake.

In a decision handed down on Thursday, the High Court judges unanimously declared an error of law caused by an invalid regulation meant the woman's visa application was never referred to the minister.

The unnamed woman, referred to as M76/2013, arrived at Christmas Island by boat in 2010.

Because she arrived without a visa, under the Migration Act she could not make a valid application for a visa unless the minister approved.

She was assessed to be a genuine refugee.

But complicating her case, the Australian Security Intelligence Organisation (ASIO) gave an adverse assessment based on her membership of the Sri Lankan Tamil Tigers organisation.

ASIO said she had taken part in armed combat, remained strongly supportive of the group and its aim of achieving a Tamil homeland through violence and was likely to engage in acts prejudicial to Australia's security if granted a visa.

The immigration department took the view that this assessment meant she could not be granted a visa and so her case was never referred for the minister's consideration.

The woman, now married with two children, remains in Villawood detention centre in Sydney.

She can't return to Sri Lanka and despite efforts to find a third country, none will have her.

The High Court judges unanimously held that exercise of the minister's power was affected by the error of law.

As a result, the minister had yet to finalise consideration of her case. (AAP)
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  Comments - 9

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  • Fact Thursday, 12 December 2013 06:47 AM

    This is why i trust the good legal system in developed countries. If this has happened in sri lanka justice would have given in the favor of the government ministry.

    Exhorcist Thursday, 12 December 2013 06:56 AM

    Biased idiots

    Concerned Thursday, 12 December 2013 01:21 PM

    If the law up held in Sri Lanka, Tamils will win!

    Suq Madique Thursday, 12 December 2013 07:33 AM

    So in addition to convicts Australia also now accepts terrorists? While her victims still suffer she lives a comfy life.

    Ibba Thursday, 12 December 2013 07:53 AM

    true but I think Scott Morrison will do the right thing. He knows LTTE was one of the ruthless terrorist groups in the world and won't let her easily join the Aus society

    Jan Chandra Thursday, 12 December 2013 07:55 AM

    This is not a problem for the Minister. Australia is not for terrorists. The dear old Ms Tigress should be sent back home and rehabilitated like the scores of others.

    Hiran Thursday, 12 December 2013 08:06 AM

    According to this report, although she has won the court case, she still needs the approval from the Minister to remain in Oz. So, this victory means basically nothing, as the minister would certainly refuse her visa, due to her affiliation with LTTE and her violent background in the past.

    RamUK Thursday, 12 December 2013 08:14 AM

    fact fact ....Countries like SL are so scared of free legal system, free media & free political system....any way thats why they are called 3rd world countries

    Suq Madique Thursday, 12 December 2013 09:09 AM

    She shouldn't be allowed into a normal society after the damage she caused to many lives here.


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