Pro-refugee activism and the travel history of a Tamil father could see a Biloela family at the centre of an immigration row deported, an experienced immigration lawyer says.

Key points: An immigration lawyer, who has worked with past immigration ministers, said government intervention was unlikely

An immigration lawyer, who has worked with past immigration ministers, said government intervention was unlikely Court documents show the Tamil father travelled in-and-out of Sri Lanka during the civil war which ended in 2009

Court documents show the Tamil father travelled in-and-out of Sri Lanka during the civil war which ended in 2009 A professor of international politics said although the war was over, members of the Tamil Tigers were still under threat

A Sri Lankan couple and their Australian-born daughters, who were spared deportation by a last-minute injunction, are due to have their case heard in Melbourne Federal Circuit Court on Monday.

Friends and support groups say Priya and Nadesalingam, also known as Nades, fled Sri Lanka during the civil war because of persecution of the Tamil people.

However, the Department of Home Affairs said the family had been comprehensively assessed a number of times and had consistently been found not to be genuine refugees.

Christopher Tran, a lawyer for the Government, told the court last week the family's application to be recognised as refugees was "manifestly hopeless".

Simon Jeans, an immigration lawyer who worked with the past 10 immigration ministers, has been following the unfolding situation. He said several errors were made in the family's bid to stay in Australia.

"Observing this case over the past 18 months has been like watching a train wreck in slow motion," Mr Jeans said.

He said the family have not been truthful in visa applications and said evidence suggested they came to Australia in 2012 and 2013 by boat as economic refugees.

The family have been fighting their case on the grounds they face persecution in Sri Lanka due to links to the militant Tamil Tigers (LTTE).

According to court documents from June 2018, Nades claimed he was forced to join the LTTE in 2001 and was harassed by the Sri Lankan military.

However, he frequently travelled between Sri Lanka, Kuwait and Qatar between 2004 and 2010 for work, during the civil war that ended in 2009.

Simon Jeans said the government had evidence the Tamil parents were economic refugees. ( Supplied )

As a result, the Immigration Assessment Authority (IAA) did not accept he had links to the LTTE and would not be "of concern to the Sri Lankan authorities."

"Anyone who was associated with the LTTE or was suspected of being with the LTTE, would not have been coming and going into Sri Lanka," Mr Jeans said.

"They would have been picked up by security forces."

Mr Jeans said boat arrivals tended to exaggerate their stories so they could get permanent residence.

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 1 minute 7 seconds 1 m 7 s The family recorded a video as they were flown from Melbourne to Darwin

Professor of International Politics with Deakin University, Damien Kingsbury, said it was not unheard of for Sri Lankans to travel to the Middle East for work during the civil war.

Although the conflict has ended, Professor Kingsbury said the political situation was still dangerous for some minorities and people with links to the Tamil Tigers. He said people still "disappear" and were tortured.

"The environment is changing and it's never been particularly favourable to Tamils but it looks like it's changing back to a more draconian environment," Professor Kingsbury said.

He said because the family left the country by boat, they will be taken into custody when they land in Sri Lanka.

"[Nades has] automatically committed an offence in the eyes of the Sri Lankan government," he said.

In a Courier-Mail article published on Saturday night, Peter Dutton outlined his argument as to why the family should be returned to Sri Lanka.

"They have explained their circumstance to every decision maker and judge and every one of them has rejected their claim for protection. That is that they are not refugees," he wrote.

He said the Government has brought in refugees who in many cases faced imminent death of persecution, adding "their cases are much more compelling than those who are not refugees but simply want a stronger financial future for their families."

Mr Dutton's views are at odds with former deputy prime minister Barnaby Joyce, who has argued Immigration Minister David Coleman has the discretion to overturn the deportation and it would not set a precedent.

Activism more harmful than helpful, lawyer says

Rallies around the country demanded Immigration Minister David Coleman intervene in the deportation bid. ( ABC News: Gemma Hall )

Over the past week, the Australian Government has come under fire after dramatic images of the family being taken to Christmas Island were broadcast across screens in Australia.

One video shows the children, Kopika and Tharunicaa, screaming out for their mother as she is dragged away by Border Force personnel.

Yesterday, rallies were held in capital cities across the country in protest against the family's treatment.

Despite the distressing nature of the images, Mr Jeans said excessive media coverage and activism was harming the family's case by forcing the Immigration Minister, David Coleman, into a corner.

"If the Minister grants a visa to the family it just encourages more people to make media campaigns and it might be unfair for other people who may not be able to make as much noise in the community," Mr Jeans said.

"This is the most significant mistake and this is not a mistake of the family."

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 2 minutes 8 seconds 2 m 8 s Through family friend Vashini Jayakumar, Priya told the ABC her daughters were "very upset".

Sarah Dale, the Centre Director at the Refugee Advice and Casework Service, said media campaigns can sometimes sway ministers and cited the removal of children from Nauru as a success.

Mr Dutton has repeatedly attacked pro-refugee activists and has even suggested some were coaching asylum seekers to self-harm.

Mr Jeans said it's unlikely the Immigration Minister will intervene.

"The family have some merit to remain under the Minister's guidelines but I'm not hopeful that a positive outcome can be put in place at very short notice," he said.