Supporters of the Nadesalingam family say they are relieved after Immigration Minister Alex Hawke granted three of the family 12-month bridging visas, but say the youngest daughter should be given the same visa immediately.
Under the surprise decision yesterday father Nades, mother Priya, and oldest daughter Kopika were issued visas, but youngest daughter Tharnicaa was kept under a community detention order.
The family's lawyer, Carina Ford, told ABC Radio Brisbane that the decision means the family cannot return to Biloela, but must stay in Perth while waiting for further determinations on their asylum status.
"We're really sort of back where we started this journey a couple of years ago," Ms Ford said.
Mr Hawke was considering Tharnicaa's application for protection, after the Federal Court last year determined she had not been granted procedural fairness in her asylum application.
"That application and her protection claim is still with the Minister to consider," Ms Ford said.
Relief for the family
She said the family was "relieved" that some of the uncertainty was eased and the girls could attend school and kindergarten.
The family had to enter detention again for two hours yesterday due to the complexities of the Migration Act, Ms Ford said.
"They were quite worried about going back into detention yesterday, just given the circumstances and the length of time they have spent in detention," she said.
"Priya, in particular, was relieved yesterday that it had been granted for a longer period.
It was not immediately clear why Tharnicaa was not issued the same visa as the rest of her family.
Mr Hawke's office told ABC Radio Brisbane there was no statement on the matter.
Calls for Tharnicaa to be granted visa
Family friend and Biloela social worker Bronwyn Dendle said it was "really disappointing" Tharnicaa had not been granted a visa, preventing the family from returning to their Queensland home.
"They can't come home to Bilo where they belong," she told ABC Radio Brisbane.
"A lot of us are just thinking – it's just senseless. It's pointless.
"If they were in Biloela they would have access to healthcare at their fingertips when they decided they need it, they would have accommodation. They would have a job so they could support themselves, pay taxes, no need for government support."
Ms Dendle said the community wanted Mr Hawke to grant Tharnicaa a visa and allow the family to live in Biloela.
"Minister Hawke absolutely has all the power in this situation."
Ms Dendle said the Biloela community was determined to welcome the Nadesalingam family home, and they would watch their case closely.
"I think [the family] represent to the rest of Australia how important having diversity in our communities can be, and sometimes the rules don't fit everyone," she said.
