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 were the Australian Human Rights Commission’s concerns with Enhanced Screening? Get your answers here!

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

Wait, so we have different visas and different processes for asylum seekers, depending on whether they arrived by plane or boat? Just like, one group generally doesn’t have the option of getting on a plane?

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

Previous
Previous

Episode 2: Bloody Pearl

Next
Next

Trailer: You Have Been Told A Lie