BY SARAH STEPHEN
The law has been used as an injustice of injustice against a Sri Lankan man and his family, Federal Court Justice Ron Merkel found on July 23.
Priyankarage Upel De Silva was issued with a bridging visa while his case for refugee status was being determined. His bridging visa does not allow him to work or receive Medicare or social security benefits.
Immigration surveillance found De Silva working at a factory and later at a library. The family had to seek charity from the Red Cross and they begged for food from McDonald's and KFC.
The Migration Review Tribunal had previously upheld a refusal of a bridging visa to De Silva because the tribunal was not satisfied that he would abide by the condition that he not work.
Justice Merkel said it was difficult to understand why De Silva could not seek work when he and his family were following legitimate processes to be allowed to stay in Australia. He asked whether any other legal system made it an offence for an applicant to provide for his family.
Arriving in Australia in 1996 on a student visa, De Silva applied for refugee status on the grounds of fear of persecution at home, and is currently awaiting the outcome of a class action in the High Court.
De Silva has been in Maribyrnong detention centre since July 22. Justice Merkel's decision means the matter will be sent back to the Migration Review Tribunal.