Federal court hearing to determine if Biloela asylum seeker family will be deported to Sri Lanka has been delayed until 18 September

Two Tamil asylum seekers and their Australian-born daughters will remain on Christmas Island for at least 12 days after a federal court hearing to determine whether they would be deported to Sri Lanka was delayed until 18 September.

Priya, Nadesalingam and their two Australian-born children Kopika, four, and Tharunicaa, two, were sent to Christmas Island almost a week ago after the court granted an injunction preventing the government deporting Tharunicaa until the court application had been heard.

The case centred around the fact that until this week the government had not considered whether Tharunicaa was owed protection under Australia’s international obligations.

Under the Migration Act, people who arrive to Australia by boat cannot apply for a visa while in Australia. Even though Tharunicaa was born in Australia, she is given the same visa status as her parents. But the immigration minister has the power to “lift the bar” to allow her to apply for a visa.

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That injunction was extended until 4pm on Friday after the government revealed just before Wednesday’s hearing that the Department of Home Affairs had referred the case to the immigration minister, David Coleman, on Tuesday, but he had decided not to lift the bar.

The barrister for the government, Stephen Lloyd, argued on Wednesday the decision made the arguments to consider her case “moot”. But Justice Mordecai Bromberg said, given the information had been provided at the last minute, he would extend the injunction for two days “in the interest of justice”.

In the federal court on Friday, the case was delayed another week and a half to allow evidence to be filed in the court.

Bromberg said that given the level of public interest in the case, it was important to state the interim orders keeping the family in Australia were just that, and it would be a while before any final orders to keep the family here would be considered.

Outside the court, the family’s lawyer, Carina Ford, said if the matter went on to a full hearing it could be months before a final decision were made.

Until then, the family would remain in detention on Christmas Island, she said.

“It’s not satisfactory that they remain in detention, I think everyone agrees with that, but that is not subject of this proceeding.”

The home affairs minister, Peter Dutton, has argued that the family could return to Sri Lanka and then reapply for a visa “the right way”. But under the current system, the family would face a 12-month exclusion period preventing them reapplying.

They would also be forced to pay back the cost for deportation to the government. A crowdfunding page set up this week has raised nearly $70,000 to help the family.

Seven News reported on Thursday that the family could be fast-tracked to Australia if Nades applied for a work visa as an employee of Teys Australia’s Biloela meatworks. For that to happen, the government would need to waive the waiting period.

Ford said she had not been approached by the government on any deal.

“We remain open to discussing alternative plans [but] we have not received anything from the department or the minister’s office as to that option,” she said. “Our position is that we would not support them being returned to Sri Lanka to apply but we are open to discussing other options.”

Ford said the option was still there for Coleman to lift the bar to allow for an application for a visa while in Australia.