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On Monday, social media was flooded with a photo of a little girl lying in a hospital bed as her sister gave her a kiss and she cried.
The two girls are Tharunicaa and Kopika Murugappan, Only two children In immigration detention in Australia.
Advocates released the photo of three-year-old Tharunicaa as she was rushed to Perth for medical treatment on Monday night. Feeling unwell for ten days Developing symptoms of high fever, vomiting and diarrhea, his family called for more medical help.
Family supporter Angela Fredericks on Tuesday Tell reporters,
They seemed to say she had untreated pneumonia which led to a blood infection.
Although Government denial The delay in receiving treatment has once again brought to the fore the plight of Tamil families who have been detained since 2018.
Why did this family come to Christmas Island?
Tarunika, her parents Priya and Nades, and her sister Kopika have been detained on Christmas Island since August 2019.
The Department of Home Affairs had previously attempted to deport the family from a detention centre in Melbourne to Sri Lanka. After the emergency ban The plane was forced to land in Darwin and the family were taken to immigration detention on Christmas Island pending the outcome of their appeal.
Previously, the family initially settled in the town of Biloela in Queensland, where local residents welcomed the family and actively called on them to come and live here.Bilo’s hometown”.
Where is their legal battle going?
The family has been waging a legal appeal since 2012. Tharunicaa’s father and mother, both Sri Lankan nationals, arrived in Australia by boat in 2012 and 2013 respectively.
Because they entered the country without visas, they are legally considered “illegal maritime immigrants”. Although Tharunicaa and six-year-old Kopika were born in Australia, they are also considered “illegal maritime immigrants”.
read more:
It’s time to grant visas to Biloela Tamil families and other stranded asylum seekers
Both parents applied for visas, claiming they would be persecuted if returned to Sri Lanka. Koppika was also on their applications. be rejected Appeals to the tribunals, the courts and the Minister of Immigration were unsuccessful.
Former Home Affairs Minister Peter Dutton Repeatedly The family was not given the protection they deserved. They were part of a group of refugees whose refugee status applications were decided through a “fast-track” process. The Australian Human Rights Commission found major problems with the “fast-track” process. A call for compassion Respond to this family.
Tarunika
However, the family’s application did not include Tharunicaa.
The current legal action centres on the government’s obligation to consider whether she can apply for a visa in Australia. As Tharunicaa is an “illegal maritime arrival”, she cannot apply for a visa unless the Minister of Home Affairs (Andrews) personally intervenes.
Lawyers argue she has good reason to seek protection A series of factors These included: extensive media coverage of the family, their Tamil ethnicity and their “alleged” links with the Liberation Tigers of Tamil Eelam (LTTE).
Julian Smith/AAP
April 2020 Federal Court Judge Mark Moshinski ruled Tharunicaa’s application for a protection visa was refused in September 2018 without regard to “procedural fairness”. support Complicating matters further, the Federal Court ruled in February that the immigration minister had no obligation to allow her to apply for a visa.
Ongoing litigation means the family will not be deported from Australia any time soon. But it is unclear whether the family or the government will take the next step and go to the High Court.
What ongoing health risks does the family face?
according to Media CoverageTarunika had been ill for ten days but was not admitted to hospital until this week despite repeated requests from her family. Priya says In a statement
She had been ill for many days and it took her a long time to get to the hospital.
On Tuesday, a spokesperson for the Ministry of the Interior Denied There were any delays in treatment.
The minor has been receiving treatment and ongoing monitoring on Christmas Island in line with medical advice, including from an IHMS GP and Christmas Island Hospital.
When the treating physician advised the ABF that the minor required medical treatment in Western Australia, the minor was transferred to a hospital in Western Australia.
Australian Border Force strongly denies any allegations of inaction or abuse by the individuals responsible.
Health professionals I warned you long ago It is difficult to house vulnerable people in remote areas such as Christmas Island. While primary care is available, there is less access to specialist and complex services.
In 2018, a Queensland coroner Discovery delays Iranian asylum seeker Hamid Kehazaei died of sepsis as a direct result of the process of diagnosing and removing him from Manus Island.
Tharunicaa came to Perth with her mother, while her father and sister stayed on Christmas Island. Brought to Perth I had to leave my family to treat my abdominal disease.
This is a serious problem. A wealth of evidence Research on childhood trauma shows that being separated from family can have lasting effects on mental health. Family breakdown almost certainly exacerbates existing trauma. Children are particularly vulnerable.
What can Karen Andrews do?
As the senior minister in charge, Mr Andrews is accepting increasing Public pressure Do more for your family.
Dutton previously said The reason this family was held on Christmas Island Instead of the mainland, it will allow them to fly back to Sri Lanka without the protesters putting Border Force officials in “difficult situations”.
Mike Zikas/AAP
As they are “illegal maritime arrivals”, only Andrews or Immigration Minister Alex Hawke have the power to allow them to live in the community. They can either live on Christmas Island, on the mainland on a bridging visa or in community detention. Recently said She is seeking advice on whether they should be allowed to live in the community on Christmas Island.
She added on Tuesday that the government was “investigating a range of resettlement options”.
“Public Interest”
If the Minister is satisfied that the detainee meets thePublic Interest” to do this.
Published guidance on the exercise of that power states Andrews can grant a visa if a person has special needs that cannot be properly cared for in a secure detention facility.
read more:
Will new Home Affairs Minister Karen Andrews bring a more compassionate approach?
In 2013, we worked on a case with then Immigration Minister Scott Morrison. He intervened to allow a woman with BroadCast Unitedlectual disabilities to return to the community with her family, saying it’s necessary Because she is in desperate need of mental health and well-being.
At the very least, Tharunicaa’s health and well-being provided a clear reason to release the family.
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