Episode 1: The Birth Lottery
Nades says he couldn’t sleep when he arrived on Christmas Island. The beds felt like they were moving just like the boat he arrived on. Priya started to feel scared as other asylum seekers around her were being removed by SERCO guards with their belongings in black garbage bags in the dead of night.
Nades, Priya, and their two Australian-born daughters, Kopika and Tharnicaa, commonly referred to as the ‘Biloela family’, became the faces of the rural aussie community of Biloela, but how did they actually end up there? In this episode, we follow their arduous journey to build their life in Australia, what they call a “happy time”, whilst they jump through the bureaucratic hurdles of applying for different visas to not be sent back to danger, knowing that they could be deported the moment one of them expires. Pressure builds as one by one, other asylum seekers around them are deported. What will this mean for them?
Media
Resources
Key Resources
What is Non-Refoulement? Click here to find out.
What is a TPV and SHEV? Get the low down here!
Other References
Asylum, Visas, and Bureaucracy
https://humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/tell-me-about-bridging-visas-asylum-seekers
https://www.kaldorcentre.unsw.edu.au/sites/kaldorcentre.unsw.edu.au/files/UNHRC_Australian_Civil_Society_Follow-Up_Report_Jan2022.pdf
https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Former_Committees/minmig/report/c08
https://harvardilj.org/2022/12/the-obligation-of-non-refoulement-and-its-erga-omnes-partes-character/
https://www.unhcr.org/media/advisory-opinion-extraterritorial-application-non-refoulement-obligations-under-1951-0
https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.pdf
https://humanrights.gov.au/sites/default/files/document/publication/enhanced-screening.pdf
https://www.unhcr.org/news/news-releases/returns-sri-lanka-individuals-intercepted-sea
https://www.theguardian.com/world/2014/jul/03/asylum-seekers-may-be-subject-to-speedy-on-water-screenings
https://humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/tell-me-about-bridging-visas-asylum-seekers
https://www.hrlc.org.au/news/australian-migration-law-amendments-what-this-means-for-asylum-seeker-children
https://www.kaldorcentre.unsw.edu.au/publication/refugee-status-determination-australia
https://www.legislation.gov.au/Details/C2023C00040
https://www.kaldorcentre.unsw.edu.au/sites/kaldorcentre.unsw.edu.au/files/Factsheet_TPVSHEV_Apr2019.pdf
Miscellaneous
https://www.abc.net.au/news/2019-08-29/tamil-asylum-seeker-family-from-biloela-facing-deportation/11463176
https://www.vogue.fr/lifestyle/travel/diaporama/best-addresses-guide-places-things-to-do-in-sri-lanka-galle-colombo-ceylon/41104
https://www.theguardian.com/australia-news/2017/jun/14/government-to-pay-damages-to-manus-island-detainees-in-class-action
https://www.sbs.com.au/news/article/from-sri-lanka-to-biloela-to-perth-and-back-a-timeline-of-the-nadesalingam-familys-journey/jfmofat70
https://www.alrc.gov.au/publication/legal-risk-in-international-transactions-alrc-report-80/10-external-territories/
https://www.servicesaustralia.gov.au/sites/default/files/documents/co029-1307en.pdf
Transcript
Jay
Hey folks, just a warning that this episode talks about forced migration and deportation and includes a couple of swears. Please take care whilst listening.
Jay
Okay wait, how do I say ‘how are you’ again?
Thinesh
Eppadi sugam.
Jay
Eppadi sugam?
Thinesh
Yeah. Nalla sugam.
Jay
Eppadi sugam?
Thinesh
Nalla sugam.
Jay
Do I need inflection?
Thinesh
Ah no, It’s not as complicated as Chinese.
Jay
Okay. But if it’s a question, does it need to go up or down or something?
Thinesh
Eppadi Sugam!
Jay
Eppadi Sugam!
Thinesh
Yeah! Nalla sugam. That’s pretty adorable.
Jay
Thank you!
Jay
It’s the 10th of June 2022. Thinesh and I are at Brisbane airport, nervously waiting to meet Priya, Nades, Kopika, and Tharnicaa in person for the first time.
Thinesh
Go!
Jay
Eppadi Sugam!
Priya/Kids
Nalla Sugam!
Jay
I’ve just learnt one phrase! Hello, nice to meet you!
Thinesh
This family, also referred to as the Nadesalingams, the Murugappan’s or simply the Biloela family, they’ve been through a lot. Until a week ago, they had been in detention for over 4 years. They faced 2 attempted deportations, health issues and multiple medical evacuations. A petition to let them return home to Biloela received almost 600,000 signatures of support.
At the same time, Biloela, this rural town from central Queensland, was plucked from obscurity, and became a lightning rod of conversation on asylum seekers and it’s from here that a community campaign has been tirelessly operating for over 4 years.
Jay
1558 days after the Nadesalingam family were snatched from their home in Biloela, we’re at the same airport as them, about to join them on their journey home.
Thinesh
Hello, how are you?
Kopika
Good!
Thinesh
Are you excited for your flight?
Kopika
Yes
Thinesh
How are you feeling?
Kopika
Happy!
Thinesh
But the way they’ve always been discussed in the media, is that they’re a good family, who always contributed to the Biloela community.
Anthony Albanese
Nades, who worked at the local meatworks in Biloela. Priya, who volunteered at St Vincent De Paul.
Jay
Or that they’re not actually genuine refugees.
Peter Dutton
Its completely without merit in terms of their claim to be refugees.
Thinesh
But there’s so much more to their story than this.
Jay
And the more we dug into it, the more questions we had. Like, why did both political parties use them as a campaign platform? With billions of dollars going into detention centres, how did they get so sick under government care? Were the family actually treated appropriately? How was Australia involved in the war Priya and Nades fled from? And is our government really telling us the truth?
Thinesh
Because maybe this story isn’t all that you think it is.
Titles
You Have Been Told a Lie. To stop the deportation of a Tamil family. Let them in, let them stay. Protecting Australia’s borders, hypocrisy. Detained on Christmas Island. The United Nations Convention on Refugee’s. This is our Country. We are a generous open-hearted people.
Jay
I’m Jay Ooi
Thinesh
I’m Thinesh Thillainadarajah.
Jay
This is Episode 1, The Birth Lottery.
Thinesh
Jayby, we’ve been following this story for such a long time now, but do you actually remember how we ended up at that airport with the family. Like, how did this all start?
Jay
Yeah, I think it was back in 2020, and you had mentioned you wanted to do this story on this rural Queensland town who was rallying behind this asylum seeker family, and it was just like this weird disconnect between rural Queensland and fighting for asylum seeker rights and I was like, yeah, that sounds great let’s do it.
Thinesh
Had you heard much about this family before?
Jay
Noooo.
Thinesh
I mean, even though I kept persistently reminding you about this family constantly and I was making Facebook posted about it?
Jay
I know you’ve mentioned this Facebook post, but I don’t think I actually ever saw it.
Thinesh
But on a serious note, I’d been following this story for quite a while because this family has a lot in common with my family. Like the Nadesalingam’s, I’m an Eelam Tamil and my family were forced to flee Sri Lanka because of the civil war. We arrived in Canada when I was like 8. But unlike the Nadesalingam family, I wasn’t detained, nor was I put on a plane to be deported.
23 years later, in August 2019, after having spent years and years jumping through hoops, I finally make it to my Australian citizenship ceremony. I’m singing our national anthem.
Advance Australia Fair
For those who've across the seas. We've boundless plains to share.
Thinesh
But those words felt very hollow because less than 24 hours later, the Nadesalingam’s were forcibly taken from a Melbourne detention centre, separated into two white vans, and taken to Melbourne airport to be deported back to Sri Lanka.
Priya
[deportation audio]
Thinesh
How come I could stay, while they couldn’t? Why was I one of the lucky ones with the right caste, passport, education, and privilege? And what made Priya, Nades, and their two Australian born children unworthy?
Jay
And this is really what intrigued me as well. I’m a child of Malaysian Chinese parents, and I’ve been kind of obsessed with Australian identity, like who belongs here, and who feels like they belong here? I mean we’re told we’re a multicultural country, and in many ways, we are, my parents scored just enough points to migrate here as skilled workers, but somehow this family, who are seeking a better life just like my parents were, aren’t good enough. And even though I was lucky enough to be born here, still not everyone sees me as Australian. So, if I don’t belong here, and they don’t belong here, then who does?
Thinesh
Right? So whenever I hear people talk about the Nadesalingam family as opportunists, or that Sri Lanka is safe for Tamils because in 2018 Vogue wrote about how Sri Lanka is the most fashionable place to travel, I just wish people knew more about what’s going on. Why hundreds of thousands of people, like Priya and Nades, would walk out their front door for the last time, say goodbye to their loved ones, who they may never see again, and leave behind a place they know, for uncertainty.
Jay
But as we’ve trawled through government documents, sat on video calls with Priya and Nades while they were detained and even flown to Biloela twice, we’ve uncovered that this story is not just about this one family. There are much bigger forces that have impacted their outcomes, like our own tough border policies.
Scott Morrison
For the first time in five years, we are now getting the upper hand over the people smugglers.
Thinesh
Or the co-operation between the Australian and Sri Lankan governments.
Operation Sovereign Borders
Late in 2019, we held Zero Chance stories. A film competition that invited inspiring Sri Lankan film makers to submit a short film about illegal maritime migration.
Thinesh
And even the privatisation of border security.
Maeve Higgins
Do you know how hard it is to like win a human rights class action settlement? I think that just goes to prove how bad things got.
Jay
Well, we’ve been talking about this family, but maybe we should meet them?
Thinesh
Yeah, I think people are most familiar with the footage from when they were almost deported.
Jay
Right after your citizenship ceremony.
Nades
[deportation audio]
Tharnicaa
Hello, my name is Tharnicaa and I’m 5 years old.
Kopika
Hello, my name is Kopika and I’m 7 years old.
Nades
Yeah, my name is Nadesalingam.
Priya
My name, Priya.
Thinesh
What is your favourite TV show?
Kopika
YouTube.
Tharnicaa
YouTube.
Thinesh
YouTube?
Jay
Are you just saying that cause your sister likes it too?
Kopika/Tharnicaa
Yes
Tharnicaa
She likes to copy me! For everything! Even with the hairstyle!
Thinesh
What are your hobbies?
Nades
Me like the cooking and play the cards.
Jay
What card game do you play?
Nades
Rummy.
Jay
Ahhh! Okay. I can play some Rummy.
Priya
My hobby reading books and listening to music.
Thinesh
What kind of music?
Priya
Tamil songs.
Thinesh
Can you sing?
Priya
Ah no, I’m only listening.
Jay
So that’s the Nadesalingam family, and we got them to speak in English for this introduction, but for everything else, we spoke to them in their first language, Tamil, so you’ll hear them with an English translation. But Thinesh, this story is just so big. Where should we start?
Thinesh
I mean, a lot has happened to them in Sri Lanka, but I think what may surprise people, is how our government processes, and treats asylum seekers, from the moment they arrive. Respectively.
Jay
These are remote islands kind of far from Australia, but they’re still controlled by the Australian government.
Thinesh
And within a couple of days of arriving, they both had their first interview.
Nades
The officers asked us to tell them what our problems were in our country in 10 minutes.
Priya
When we got off the boat, our mind was all over the place. We were beaten and battered. We had no food for a month and no water for 15 days. We had no sleep. Everything we were asked in those three days, whatever we said, we have no memory of.
Nades
Once I arrived on Christmas Island, we were put into what looked like tents with bunk beds on top of each other. We couldn’t get to sleep, the rooms and the beds felt like they were all moving just like the boat we arrived on.
Priya
I was scared as they started to deport people. No one knew but lots of people were moved at 5am by SERCO guards with their belongings in black garbage bags. After 10 or 15 days of seeing many people being sent back, we started to lose sleep and started to feel scared.
Jay
Hold up, who are these Serco guards?
Thinesh
Serco is this company that’s contracted by our government to help run these sorts of services like transporting asylum seekers and operating detention centres.
Jay
Okay, second question, how could Australia send people back that quickly? Like if their claims are denied, shouldn’t they at least be reviewed?
Thinesh
So, Australia has an obligation to not send people back to danger, called non-refoulment obligations under the 1951 Refugee Convention. This applies to anyone seeking protection who arrives on any territory that we own, like Christmas Island.
Now what happens is that in October 2012, a new process was introduced where asylum seekers would be asked a few questions as soon as they arrive.
Jay
So, this process would apply to Priya, right?
Thinesh
Yup cause she arrived in February 2013. In a brief interview shortly after their arrival, A person needs to raise a red flag, by saying they want to seek asylum because they fear persecution, and the interviewing officer needs to believe them. If they don’t, they can be screened out and deported.
Jay
That’s all the assessment they get?
Thinesh
That’s it. But the UNHCR says all of these people need their cases properly assessed. They call this out as unfair. even the department of immigration’s own lawyers advise against this process. Australia claims it’s still upholding its non-refoulment obligations.
A form of it is still being used today, and it’s why many of the people that Priya arrived with were deported almost instantly.
Now despite Priya’s fears of being sent back, she is screened in. She stays on Christmas Island for five and half months, before being moved to a different centre in Darwin for another four months. After all this she’s finally released to Sydney.
Priya
Centrelink gave me $420 or $450 dollars a week. I had to manage rent, electricity, water, and my food. It was just enough. I was not allowed to work. Because I had overcome these adversities, I believed that I would have a good future and a safe life ahead. I convinced myself to be positive and forget the past.
Jay
But what’s happening with Nades?
Thinesh
Okay, so Nades is on Christmas Island for a few months before he’s flown to Weipa in North Queensland. He then makes his way to Sydney with some of the people he met at that detention centre.
Jay
So, he’s in the big smoke!
Thinesh
And he’s looking for work.
Nades
We went everywhere searching for work - on foot, on the train. We didn’t just sit around doing nothing, we tried but we never got a job.
Some other boys who had come with us were living in Biloela and working in a factory. So, they said there is work in this factory. There was also a job at Woolworths as a Trolley boy in Biloela because one of the boys was leaving that job…
Jay
Right! So that’s how he ends up in Biloela!
Thinesh
Exactly! And Nades got that job as the trolley boy, and then also a job at Teys meatworks.
Nades
So, I would start that job at 530, 6 in the morning and finish at 3 30. Then I would start my trolley shift at 4pm and finish at 9pm. This is how I lived in Biloela. I was happy.
Thinesh
But Jayby, what’s a meatworks?
Jay
It’s like a place where they process the animal from like the whole cow into the rump and the tri tip and the short rib, to distribute to supermarkets, or wholesalers, or to export. There’s actually a job ad for the one in Biloela if you’re interested?
Thinesh
Umm, they’re looking for experienced boners and slicers, that’s definitely not me. My hands are not made for manual labour.
Jay
They’re too delicate.
Thinesh
… too delicate.
Jay
Okay so we have Nades in Biloela, but Priya is in Sydney. how did they meet?
Thinesh
The Tamil network!
Jay
I know there’s a Malaysian Chinese network, but is… the Tamil network a thing?
Thinesh
YES! Have you seen Netflix’s Indian Matchmaking?
Jay
Nope
Thinesh
It’s similar. Nades had his own matchmaking service - not in his aunties, but with his friends!
Jay
Should I add it to the watchlist?
Thinesh
No! You should definitely not add it to the watchlist.
Nades
Someone I know sent a picture of Priya to another boy I was living with. They just said, we've found a girl, all you need to do is get ready and they just went off to work.
I didn't know anything about Priya. I just knew her name. All I had been told is that they had found a girl for me to marry. I said are you playing games? I didn't know who this person was, I had not seen any photos or were given any details and they asked me to get ready for a wedding. What did they want me to do, lose my mind trying to figure this all out until the next week when I would see my friend again.
Thinesh
Him and his housemates worked different shifts, so they didn’t actually see each other during the week.
Nades
I thought it may have a been a joke, so I just left it. It was only the following week when I saw photos and got more details that I took it more seriously. I got the phone number and spoke to Priya's family and once I got their approval, I then spoke to my family and told them I was going to marry her…
Jay
Wait, how did his housemates find Priya?
Thinesh
Through this friend of Priya’s from when she was in detention.
Priya
This friend was like 'you're living alone’ and started speaking to her family members to arrange a marriage. She met Nades at a wedding through a friend. So, when she called me to talk about marrying Nades, I had no intention of doing so and said no at first.
Jay
Priya said no??
Thinesh
But this aunty was persistent, she gets one of her friends to call Priya.
Priya
The aunty was like " I hear you are saying no to a wedding. Give me your mother's phone number, there is no use talking to you." I couldn't speak back to this Aunty, so I gave her my mother's number. The two of them spoke, and then they also spoke to Nades' family, and it was arranged.
Jay
Wait, why couldn’t Priya speak back to this Aunty?
Thinesh
In Tamil culture, a significant amount of respect is given to elders and parents. Generally, when you are told to do something by your elder, you do it. Even Priya’s mum tells her.
Priya
You must get married. You cannot live alone without any support" I didn't know what else to say to her, so I said Okay Amma. I knew the visa situation, I knew everything, but it was difficult to explain all of this to my mother. She just wanted me to have someone. So, I said okay.
Thinesh
At the time Priya didn’t even have a phone that could show photos, but…
Priya
They said to marry him, so I said yes.
Nades
When I first spoke to Priya, Priya’s family had taken our astrology charts to someone to check if we were compatible. We were still waiting for them to come back with the news.
Jay
What are these astrological charts?
Thinesh
It’s like star sign marriage compatibility but for Tamil people. It’s called Thirumana Poruttham, where essentially you check the compatibility of your birth charts to see if your marriage will be prosperous.
Priya
So, at the time, I didn’t want to speak in case the charts didn’t match. It would make it harder for the both of us.
Thinesh
Priya didn’t want the potential for a heartbreak if the charts didn’t align, but Nades didn’t care. See, he didn’t think marriage was on the cards at all, so when this opportunity arose, he saw it as a sign.
Nades
But I had decided to marry Priya regardless of what the charts say. It was fate that she came into my life.
Priya
As long as we liked each other and were willing to marry, I was happy to speak to Nades. It didn’t matter what the charts said.
Nades
I said regardless of whether we are compatible or not, I have decided to marry you.
Priya
He agreed to that. and that is how we started speaking.
I was 6 months older than Nades, and in our culture, its tradition for men to marry a younger woman. So, I explained this to him. If you still want to go ahead, that’s great. He said he wanted me to come to Biloela. I was ready to go anywhere with him, I didn’t have too many expectations, I just wanted to live a happy life.
Jay
Aw that’s…kind of cute!
Thinesh
Right?
Jay
And I’m guessing the wedding comes next?
Thinesh
Yup, and Priya talks about how she didn’t have anything for the wedding, no nice clothes, no earrings, but Nades?
Priya
Everything was chosen by Nades. The invitations and the silk sarees were all chosen by him.
Thinesh
Priya just had to rock up to a jewellery store for them to take her ring size measurement.
Priya
Everything was him. From the toe ring to the silk saree, to the rings, to the food menu, everything was him. Even the make-up was paid for by Nades. I didn't have to do anything. He has better taste than me. I felt happy and fulfilled with everything. You’ll see this in my wedding photos.
Thinesh
Now the wedding is all arranged, it’s in Sydney on the 7th of September 2014, but Nades only gets leave from work the day before the wedding. He has to fly from Rockhampton to Brisbane, and then from Brisbane to Sydney.
He makes it to Brisbane, and he’s waiting for his flight to Sydney at the usual gate, but…
Nades
The Sydney flight was leaving from a different gate. So, I missed that flight.
Jay
Oh my god, did he miss his own wedding?
Thinesh
He arrives part way through.
Nades
The Ponurrukku had already begun, and they were waiting for me, so I didn't get the chance to properly meet Priya...
Jay
The ponurrukku what?
Thinesh
So, in Tamil weddings, one of the most important elements is the Thaali, which is a gold necklace and pendant that is given to the bride by the groom - it is the equivalent of a wedding ring. And there’s this ritual called ponurrukku to melt the gold for the Thaali.
Jay
Right.
Nades
I only saw her for the first time during the Hindu wedding ceremony.
Jay
Whoah, imagine only meeting the person you’re going to marry for the first time at your actual wedding.
Thinesh
Kind of like, Love is Blind. I mean - it’s not that difficult to imagine - historically, marriage was often arranged by the couple’s families. For some Tamil people, these traditions continue.
For Priya and Nades, they welcomed this moment.
Nades
After so many years, God had brought someone to me, and I thought God was showing me the right path forward. So, I happily and readily welcomed all of this.
Priya
When I first saw him, I liked him. At the wedding, he looked very handsome. Only now he looks like this, but I still consider him handsome.
Nades was 100 times better than what I expected.
Thinesh
Now the wedding was on the 7th…
Priya
By the 13th, I was in Biloela.
Jay
The man doesn’t mess around.
Thinesh
Now remember, Priya’s been living in big city Sydney for 6 months or so. Biloela is very different. The newlyweds fly into Rockhampton, and as they drive the 1hr and 40min to Biloela, Priya sees…
Priya
Big hills, valleys, winding roads. For me, it feels like the most beautiful place in the world.
When we first went, we lived with a few other single boys and stayed in the master bedroom. We were living together for a year as a big loving family. Sometimes I would cook. Sometimes Nades would cook with the other boys. We were happy living together.
Nades
When I first got to Biloela, it reminded me of Sri Lanka's climate. I liked the weather because it was something familiar. I felt that I had friends here, people were helpful. I felt like I could live here.
Thinesh
Now one thing that happens very quickly, within like a month of being in Biloela, is Priya gets pregnant with their first child, Kopika.
Nades
Because we got married later in life, I was grateful to God for us getting pregnant so quickly. When Kopika was born, I felt like I was flying like a butterfly.
Jay
Aww, Nades is such a softie.
Thinesh
In the best possible way. Kopika ended up being born premature. And she had to stay in hospital for a month.
Priya
I would go to feed her 8 times a day. She had to be fed through her nose. When her eyes were open, our hearts wouldn't let us leave her. It was hard leaving her. By the time we'd get home, we'd have to come back. This is how life went on for a month.
After we took her to Biloela, there was so much we wanted to provide for her but couldn’t do this without work rights. Nevertheless, we raised her in joy. She grew up fine and had no problems.
Jay
Hearing this is just so heartbreakingly beautiful, like I teared up a bit the first time.
Thinesh
Wait, wait, wait. You have tear ducts?
Jay
I do...! I mean, they sometimes work. So, does Kopika’s birth complicate things? Like she’s born in Australia, so she’s a citizen, right?
Thinesh
So, you’d think that since she’s born here, she would be a citizen, but that’s actually not the case. Here’s their lawyer Carina Ford.
Carina Ford
One of the most surprising reactions from the Australian public, was the fact that like in this case, the children were born here, and they actually have no right to be citizens or permanently stay here.
Jay
Well, if they’re not Australian citizens, what does that mean for them?
Thinesh
So, they’re automatically given the same status as their parents.
Jay
So…they’re treated as asylum seekers who have come from Sri Lanka, and our government could deport Kopika to a country she has never once set foot in?
Thinesh
Yep, that’s right.
Jay
Fuck me Australia.
Thinesh
Now we spoke to a lot of Biloela locals who met the family, and a similar theme emerged, where…
Larraine Webster
We used to pass one another on our little circuit where we worked, and we smiled.
Bronwyn Dendle
I would see them on the weekends at the local park and so I would just have a conversation and I would see them in the grocery shop, and you know stop and have a chat.
Angela Fredericks
Small town, you see people.
Marie Austin
Just in passing within the community even.
Larraine Webster
Then when she had Kopika, she used to show me her lying in the pram, in the Woolworths trolley.
Angela Fredericks
You know, Woolies, is always the local spot to catch up with everyone and have a chat, so you know walking the aisles, you'd always bump into Priya with Nades, they always shop together and little Kopika, in the trolley.
Nades
The people in Biloela are loving people. If I were to be in Sydney, no one would know me or my family. Biloela only has 6,000 people, and all of them knew me. Since everyone would come to the only Woolworth’s in town, they all knew me from the time that I was a Trolley boy. So, every day, I'd see these people and have lovely conversations. No one was hateful. everyone spoke to me with love.
Jay
Which is just…. like maybe it’s cynical of me, but because of the whole “bring them home to Biloela” campaign, I always wondered if they felt almost obligated to return to Biloela, like what if they secretly hated it there?
Thinesh
Yeah, I had the same thought as well, but we spoke to Priya when she was in detention in Perth, and she said:
Priya
My life, my dreams, it's all in Biloela. If I could go tomorrow, I would in a heartbeat. We are actually packed and ready to go. I don't buy any unnecessary things because we hope to go back.
Jay
So, they ‘re really enjoying life in Bilo. Nades is working his jobs, they’re hanging out with some friends, and getting to know people in the community.
Thinesh
That is until…
Priya
Nades lost his work rights and his job. Life completely changed. All our time went to worrying and fighting to make it to the next day.
Thinesh
Well, he kind of lost his job because he lost his work rights, but this actually happens when Priya is still pregnant with their first child Kopika.
Nades
Immigration was coming to Biloela and deporting people who didn’t have work rights. Priya knew this was happening, and this stressed her out. This caused her water to break at 7 months, and Kopika was born prematurely.
Jay
So, this whole time they’re in Biloela, they have this constant reminder and fear of deportation, because one by one, other Tamil asylum seekers are being removed.
Thinesh
Yeah, I’m surprised they were able to call it a happy time at all.
Jay
So, wait, what is going on here? What changes for Nades that means he loses his work rights?
Thinesh
Well, it all comes back to his visa application.
So, Nades was initially given work rights whilst his application for protection was being processed.
But then his application is refused because it was not believed that he would be at risk of harm if he was sent back.
Jay
Based on what...?
Thinesh
We’ll get into it more in the next episode, but essentially, he manages to travel in and out of Sri Lanka to find work and wasn’t arrested on his return. Of course, it’s not that simple, but that was a primary reason.
Jay
Okay, so his visa is rejected, but how come he wasn’t deported straight away?
Thinesh
Because he appeals his case.
Simone Cameron
So, Nades had several legal appeals.
Thinesh
This is lawyer and friend of the family Simone Cameron, who actually taught Nades English in Biloela.
Simone Cameron
He had one in the Federal Magistrate's Court. Then he had a full Federal Court appeal, and he also made an application to the High Court, but his special leave application was denied.
Jay
So basically, Nades keeps trying to appeal his case, and at every stage that it fails, he’s just taking it to a higher court?
Thinesh
Yeah, except these courts aren’t like, making a new determination based on all the information present. They’re just determining whether.
Simone Cameron
Some error of law was made in the decision maker’s process.
They wouldn't normally be stepping into the shoes of the decision maker and looking at the merits of the case. They're just sort of looking at these technical points of law, and then they might remit the decision back to either the Department of Immigration, if they deemed them to have made a mistake, or to the Merits Review tribunal and say, "Make the decision again, according to law, please."
Thinesh
Nades, working his two jobs in Biloela, now also has to pay for legal costs.
Nades
I could not go back. The issue wasn’t the amount of money. If I could live here, I could work and pay it off. My intention was to not go back. I didn't think about how much I was paying. I really could not go back.
I had a lawyer and did the whole process through them; I believe good things would happen if I got to this lawyer. Later I started to hear bad things about them. The lawyer didn't do anything dishonestly, he only put down what we told him to put down. I thought he would do the work correctly but that's where the problems came from.
Jay
This all feels like a huge burden for asylum seekers, to not only know the correct process, or how much detail to give, but also what information will satisfy visa requirements.
Thinesh
Or to be able to afford a lawyer, let alone find a good one. Not sure if this was the case with Nades but there are some scammy people out there - and they are looking to take advantage of the fact that new migrants don’t know their legal rights.
Jay
Yeah, this is a minefield - like I wouldn’t even know how to find a good lawyer myself. So, I probably would’ve done what Nades did and put my trust in the word of mouth of others.
Thinesh
Yeah, and by this point not only has Nades lost all his appeals, but now…
Nades
I still have $25,000 that needs to be paid.
If I died today, I'd have to continue paying in my next life.
Jay
So, with no more legal grounds for appeal, they take away his work rights?
Thinesh
Yeah, essentially his claim for asylum has been fully denied, and he technically could be deported whenever the immigration minister decides that his time is up.
Nades
I had a child and wife who were depending on me. How was I going to fulfil this - what can I do? The only thing I could do was volunteer at St Vincent’s. At that time, we relied on Priya's and Kopika's Centrelink - I think it was $620.00 fortnightly.
Thinesh
It may have been around $640 a fortnight.
Jay
Still, $640 a fortnight to house and feed three people is just crazy.
Thinesh
And we haven’t even gotten to Priya’s visa situation yet.
Jay
Ah of course because she came separately and at a different time.
Thinesh
Right, Priya arrives in Australia in February 2013, but she’s not allowed to make her visa application until May 2016.
Jay
Wait, what?? Over three years later? What, why? Nades got to put his in like the month after he arrived!
Thinesh
Right? So the reason for this is this thing called “lifting the statutory bar”, or “the bar” for short.
Jay
Okay Mr Lawyer. What is “lifting the bar”?
Thinesh
It’s essentially a submission window where certain people can apply for their visas. Here’s the family’s lawyer Carina Ford again.
Carina Ford
So, lifting the bar exists because when a person arrives by boat, unlike if they arrived by plane, they cannot apply for a visa automatically.
Jay
And these plane people are asylum seekers as well?
Thinesh
Correct
Jay
Thinesh
It’s just as fucked as you think it is.
Carina Ford
It was put in for a purpose, and that was to stop people coming to Australia by boat.
Jay
Okay, so how does the government decide when to lift the bar?
Thinesh
It’s at the sole discretion of the immigration minister.
Simone Cameron
So, when you think about it, Priya was here for over three years on a bridging visa with no certainty, no ability to put her claims for protection in front of anybody, but just left to go and live her life. So why wouldn't people go and settle if they live somewhere for three years?
Jay
So, Priya’s just kind of living in limbo for three years.
Thinesh
Yeah, and it’s now May 2016 when Priya is allowed to make her asylum seeker claim. But she’s actually applying for a different visa to Nades.
Jay
They arrived like a year apart from each other and the types of visas has changed?
Thinesh
Yeah, they change all the time, depending on which party is in power and what they decide to do. So, when Nades put his application in, he was actually eligible for permanent protection.
Jay
Which is like, indefinite, forever protection. But his visa was refused.
Thinesh
But for Priya, she has two options, a Safe Haven Enterprise Visa or a SHEV, or a Temporary Protection Visa also known as a TPV. Neither of them are permanent visas though. The family is in debt and can’t afford a lawyer to assist them with this process.
Nades
When I had approached a lawyer in Yeppoon for Priya, they asked for $13,000 for just this one application.
Jay
So how do they complete their visa application?
Thinesh
With the help of a friend named Margot that their daughter Kopika endearingly calls her Australian “grandma”.
Margot Plant
I work as a counsellor and that's how I originally met the family through my work there.
I remember after the first session I had with them on my own with the translator, I had to take an hour off and just go for a walk just to clear my head because they'd started to tell me their stories and it sort of blew me away really.
Thinesh
So, Margot gets involved because…
Margot Plant
She had two weeks when she was sent a letter in the mail. Some reason she didn't get that letter when she was supposed to, I don't know what happened there, but she was sort of panicking at that point and she brought it in to me to see, I guess what we could do.
Jay
What did you know about this process? What did you know about the application?
Margot Plant
Nothing. Didn't know anything.
Thinesh
But since they were already in debt and couldn’t get a lawyer,
Margot Plant
I was thinking, what the heck are we supposed to do? You can't just not do something. So, I got a translator and just wrote down what she said.
Thinesh
Margot described this process as the blind leading the blind.
Jay
And when you did submit that application, at that time, what did you think would happen?
Margot Plant
Oh, I guess in all my innocence, I thought something positive might come of it. I mean, to me, the story was, oh God, you can't send them back there.
Jay
It seemed so obvious to Margot and to anyone who knew their story, really, that they should be granted asylum.
Thinesh
But the following year in May 2017, it comes time to give Priya the response to her application. Margot is asked to be there and organises a room at her workplace for it. She was also there for one of Nades’ results.
Margot Plant
You could sort of see Nades just deflate.
Thinesh
But for Priya’s result, Margot says.
Margot Plant
The way that the translator translated it to the border force people, didn't come out the way that we'd written it. Priya was very teary. She was trying to get a point across that what the translator wasn't saying what she said in her application. But it wasn’t listened to.
Jay
Wait, so you have the translator telling her why her visa has been denied, but Priya says the reasons the translator is giving don’t line up with what she had put in her application?
Thinesh
Yeah, and Priya feels her case hasn’t properly been heard, so she takes it to the Immigration Assessment Authority.
Carina Ford
And they are very strict about one, even getting extensions. Two, making decisions very fast. And three, is you are limited to a five-page submission, and limited ability to add new information.
Thinesh
And the IAA basically agree with the original decision that her visa should be refused.
Jay
So, her application is still rejected.
Thinesh
But it’s now August 2017,
Jay
So, Priya’s been in Biloela for almost three years,
Thinesh
And within this time, Priya gets pregnant with their second child, Tharnicaa. However, because of Priya’s age, Doctors had warned that her baby is at risk of having down syndrome.
Priya
They said I had the option of deciding whether I wanted to proceed with the pregnancy. They had called Nades at work to explain the situation. I was in tears about it, but Nades was very confident. He said, ‘this child is our child, the birth will be fine’. He told me not to be scared and not fixate on the negative things that the Doctor is saying. Nades said, ‘whatever happens, this is our child. No matter how she is born, I will accept her. We have no intention of terminating the pregnancy.’
For the remaining months, I was very sad, I was constantly thinking about this. There was a church in Biloela. Although I am Hindu, I would go to whichever temple or church was around and pray. After Nades went to work at 5:30, I would take Kopika in the walker and go to that church. I would cry and pray saying that I could handle any difficulties, but don’t give them to my child. I would go twice a day and pray.
Thinesh
Priya is told to go to Rockhampton hospital to give birth. It’s a difficult birth, and Priya is worried because she doesn’t hear her baby cry right away.
Priya
It was only after she cried that I knew my baby was healthy. Up until that point, my mind was in shambles about the health of our baby. But Nades was always confident that things would be okay.
Now Tharnicaa is very intelligent, very sharp, a very clever girl. Both of my children are gifts from God. God has given me more than I asked for. Tharnicaa has no issues at all.
Jay
I think I just need a moment.
Thinesh
Yeah, it’s like, amongst all this uncertainty and fear, you have these moments of pure joy.
Jay
So, it’s now February 2018? The family have been in Biloela for almost three and a half years!
Thinesh
But their bridging visa is expiring soon, on the 4th of March 2018 to be exact, so Nades makes some inquiries.
Nades
So, I spoke to immigration and they said the visa has been sent by post. They said don't worry about it, just keep working. Once the visa arrives, you can apply for Medicare. Our immigration case manager is the one who said the visa was coming. So, I kept working and looking after my family.
Priya
The person on the phone said that this time, the visa was coming by post. But Nades was surprised because every other time the visa has come by email. We didn’t realise she was lying to us. We had faith that a letter from the immigration department was coming by post on the Monday. It was the police that came, not the Visa.
Jay
Literally the day after their visa expires.
Thinesh
Coincidentally, I mean they’re being taken because both their asylum claims have failed.
Jay
But this seems like an outright lie, right? Their bridging visa wasn’t coming in the mail, it wasn’t coming at all. The department of home affairs must have known they were going to try and deport them. They probably just told them that so they wouldn’t go anywhere, and they could come and take them into custody.
Thinesh
We asked border force about this, and they say that they never told Nades his visa was coming by post.
Nades
A lot of police officers came in. They told us to sit down on the sofa. At the same time, immigration officers also came in. That is when we realised… They are about to deport us.
Thinesh
The family are told they are being taken away.
Priya
When I asked where, they said detention centre. They had our hands up in the air like a criminal. Both our kids were crying in another room. They wouldn't let us go near them. I then said I need to speak to my case manager. But I wasn’t allowed to use the phone.
They didn’t give us any time to grab our things. I couldn't even grab milk for the kids. They separated me and Nades, with me and the kids in one vehicle and Nades in another. I had pleaded with them for Nades to be with the kids as they would cry without him. I was scared and didn’t know where I was going or what was going to happen.
They dragged Nades into one of the vehicles. We couldn’t do a single thing. When there are 10 people grabbing you, what can you do? It was a 7-seater car, and they had me in the backseat with 2 SERCO guards. Immigration officers seated my children in front of me. There was no one beside them, they were sitting by themselves and crying.
When I was taken from Biloela, we drove right by the church. I used to be able to see this church from my front door. As we drove away, I remember looking at this church and declaring loudly, ‘if there is power here, I will come back to Biloela.’
They took us to Gladstone airport. She cried for an hour and half, and she must have fainted from all the crying. I asked the Serco leader, ‘if this was your child, would you have let them cry like this? Are you a father?’ The guard said that it wasn't a big deal since she had cried herself to sleep. I asked the guard, ‘do you think this is a humane way to act? Are you a human or an animal?’ The guard laughed in response.
Jay
After years of establishing their life, their community, their family in Biloela, just like that, whilst the rest of the town is just waking up, they’re forcibly removed.
Thinesh
The family are flown to Melbourne, in an attempt to quietly deport them. Our systems have deemed them to not be needing protection as refugees. In fact, the department has deemed it safe for them to return to Sri Lanka. So, what would they be returning to? And what were they fleeing from? That’s next on You Have Been Told A Lie.
Credits
You have been told a lie.
Thinesh
What did you think of todays episode? Let us know over at @youhavebeentoldalie on Instagram, TikTok, and Facebook. Because twitter has a character limit for its handles, find us @beentoldalie on Twitter.
Jay
If you want to learn more about how asylum seekers are processed, and international non refoulment and the beautiful town of Biloela you can find links to those on our website youhavebeentoldalie.com where you can also find all of our references and transcripts for this episode.
Thinesh
We note that asylum seekers experience a lot of trauma, not only before arriving at our borders but also living in detention. This has an impact on recollection and also remembering details.
Jay
Due to the nature of Priya and Nades stories across borders, there are some aspects of their story that we will only ever know from their perspective. We have reached out to relevant parties where possible and where comments have been provided a summary has been included.
Thinesh
When we reached out to Serco for response, they made a point to mention that Serco does not employ Guards they employee detainee services officers, welfare officers and programs and activities staff. Weirdly, SBS, The Guardian, ABC and even the Department of Home Affairs refer to them as Serco Guards. Additionally, it’s also hard for detainees and visitors to know what the correct titles for the Serco staff so you may have heard people in this episode refer to them as Serco Guards.
Jay
This episode is written by me Jay Ooi and produced by myself and Thinesh Thillainadarajah.
Thinesh
Audio editing by Jayby.
Jay
Tamil translations by Thinesh and Neerja
Thinesh
Priya’s English translations voiced by Emma Harvey and Nades’ English translations voiced by Matthew Predney. Who also composed the music you’re listening to right now.
Jay
The consulting producer is Rebekah Holt.
Thinesh
Special thanks to Priya, Nades, Kopika & Tharnicaa and the HomeToBilo Team and the interviewees in this episode Carina Ford, Larraine Webster, Bronwyn Dendle, Angela Fredericks, Marie Austin, Simone Cameron, and Margot Plant.
Jay
Thanks to Miles Martignoni, Jess Bineth, Cassandra Steeth, and Scott Spark for script and story advice, and Macarthur Amey for helping with research and fact checking.
Thinesh
This series is possible thanks to the Jesse Cox Audio Fellowship, thank you Que Minh Luu, Benjamin Law, Scott Spark, Jess Bineth, Kali Reid, Clare Holland, and the rest of the team.
Jay
There have been many people we’ve spoken to who have helped in so many ways, and many who have asked to remain anonymous. We see you and we thank you for your support.
Thinesh
This podcast was written, edited, and produced on the lands of the Gadigal people of the Eora nation. We acknowledge all elders past, present, and emerging.
Jay
We also pay our respects to the traditional custodians of Gangulu country, where Biloela is now situated. This land were never ceded, always was and always will be Aboriginal land.
Thinesh
In the next episode, we go back to learn what was going on in Sri Lanka and why Priya and Nades had fled.
Nades
I had been arrested in Mattakalappu and was told I wasn't allowed to leave the country.
Priya
There was only a 1km distance between our house and the camps. There were frequent shootings. Someone was shot in a well near us. I had gotten injured. My dad had also gotten injured to one of his eyes and his leg.
Jay
And what does Australia have to do with a civil war in Sri Lanka?
Umesh
There was a formal ceasefire agreement signed in February 2002.
Credits
Producer Jay Ooi and Thinesh Thillainadarajah
Consulting producer Rebekah Holt
Writer Jay Ooi
Audio editor Jay Ooi
Tamil translators Thinesh Thillainadarajah and Neeraja Sanmuhanathan
Priya’s English voice Emma Harvey
Nades’s English voice Matthew Predny
Credits music Matthew Predny
Interviewees Priya, Nades, Kopika, Tharnicca, Carina Ford, Larraine Webster, Bronwyn Dendle, Angela Fredericks, Marie Austin, Simone Cameron, and Margot Plant
Script & Story advice Miles Martignoni, Jess Bineth, Cassandra Steeth, and Scott Spark
Research & fact checking Macarthur Amey
This series is possible thanks to the Jesse Cox Audio Fellowship