Peter Dutton explains why Sri Lankan asylum seeker family are likely to be ...

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() A Tamil asylum seeker family who are desperate to stay in Australia weren't truthful in their visa applications, an immigration lawyer has claimed.

Priya, her husband Nadesalingam and their Australian-born children Kopika, four, and Tharunicaa, two, are being held on Christmas Island after the family were granted an 11th-hour injunction against their deportation last week.

The family could learn their fate within hours, with their case heard due to be held at Melbourne Federal Circuit Court on Monday morning.   

A lawyer for the Government, Christopher Tran, described their battle to be determined 'refugees' as 'hopeless' last week.  

Priya and Nadesalingam, who came to Australia separately by boat, have been fighting to stay on the grounds they face persecution in Sri Lanka due to links to militant group the Tamil Tigers (LTTE). 

However, the family have not been 100 per cent truthful in their visa applications, according to immigration lawyer Simon Jeans.

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The children of the Tamil asylum seeker family who were transported to Christmas Island after being given reprieve against deportation from Australia are 'constantly crying'

The children of the Tamil asylum seeker family who were transported to Christmas Island after being given reprieve against deportation from Australia are 'constantly crying' 

Nadesalingam claimed he was forced to join the Tamil Tigers in 2001 and was harassed by the Sri Lankan military, according to documents dated June last year. 

The Immigration Assessment Authority rejected the claims on the basis he frequently travelled between Sri Lanka, Kuwait and Qatar for work between 2004 and 2010 during the civil war.

'Anyone who was associated with the LTTE or was suspected of being with the LTTE, would not have been coming and going into Sri Lanka,' Mr Jeans told the ABC.

'They would have been picked up by security forces.'

Mr Jeans added that rallies across the nation on Sunday in protest of the family's treatment would only worsen their chances of staying in Australia.

The immigration lawyer said media coverage and activism would force Immigration Minister David Coleman to make a decision and stick with it.

'If the Minister grants a visa to the family it just encourages more people to make media campaigns and it might be unfair for other people who may not be able to make as much noise in the community,' he told the publication.  

The footage was taken on the parents phones, which were confiscated on arrival in Darwin

Newly surfaced footage of the family on the plane shows Kopika and Tharunicaa distressed and screaming as their parents try to console them

Newly surfaced footage of the family on the plane shows Kopika and Tharunicaa distressed and screaming as their parents try to console them

As thousands flocked to rallies held across Australia in support of the family,  Mr Dutton said he refused take a 'moral lecture' on the case.

In an opinion piece for The Courier Mail, the minister said the couple were told long before they had their two daughters that staying in Australia wasn't an option.

'We won't take a moral lecture when the reality is, we have a compassionate approach that is helping thousands each year, but where somebody has been told consistently all the way through to the High Court that they are not refugees, then those people have to return back to their country of origin, the minister wrote.

'Advocates claim a high moral ground but their approach results in people dying. Other Sri Lankan families with beautiful young children were part of the 1200 who died at sea, and they shouldn't be forgotten in this debate.' 

Mr Dutton has since come under fire from radio broadcaster Alan Jones.

Home Affairs minister Peter Dutton said that Priya and Nadesalingam were told long before they had their two daughters that staying in Australia wasn't an option.

Home Affairs minister Peter Dutton said that Priya and Nadesalingam were told long before they had their two daughters that staying in Australia wasn't an option.

Priya, her husband Nadesalingam and their Australian-born children Kopika, 4, and Tharunicaa, 2, were being flown back to Colombo, Sri Lanka, on Thursday

Priya, her husband Nadesalingam and their Australian-born children Kopika, 4, and Tharunicaa, 2, were being flown back to Colombo, Sri Lanka, on Thursday

'I find the government's behaviour on this, and that of Peter Dutton, beyond disgraceful. Is this the same Peter Dutton, and Immigration Minister David Coleman, who personally intervened last year to stop two Au pairs who were to be deported,' Mr Jones told 2GB listeners on Monday.

'The former deputy secretary of the immigration department is on the record as saying, in the last 72 hours, it is quite clear that if you look at the ministerial guidelines this case meets those guidelines more clearly than the two au pair cases, in which Minister Dutton acted within hours.

'Ministerial intervention powers are designed to cater to where a person's not met the legal requirement for a visa but because of humanitarian or national interest grounds the government intervenes.'

Mr Jones also revealed he had written to Prime Minister Scott Morrison pleading for 'practical Christianity.'

Australian border force has intercepted a fourth boat in as many months full of potential illegal immigrants from Sri Lanka (pictured is the latest intercepted boat)

Australian border force has intercepted a fourth boat in as many months full of potential illegal immigrants from Sri Lanka (pictured is the latest intercepted boat)

Meanwhile, Australian Border Force intercepted a fourth boat in as many months carrying migrants from Sri Lanka last month.

The arrivals come amid controversy surrounding the deportation of a Sri Lankan family-of-four from their home in rural Queensland after illegally migrating to Australia in 2012 and 2013. 

The latest rickety vessel to arrive was found just west of Christmas Island on August 7 and held up to 13 Sri Lankan citizens.

The latest boatload of Sri Lankan expectant asylum seekers is the fourth to be intercepted since the May 18 election, and the sixth this year, The Australian reported, holding more than 90 people.

'The threat out of Sri Lanka is really concerning,' Mr Dutton said. 

'It is the reason Sri Lanka was the first country I visited after the

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