Dec 12, Colombo: Australia's High Court has ruled in favor of a Sri Lankan Tamil woman refugee who has arrived at Christmas Island by boat in 2010.
The High Court judges on Thursday, have unanimously declared an error of law caused by an invalid regulation since the woman's visa application was never referred to the Immigration Minister and his department has erred in its decision to detain the woman indefinitely, AAP news reported.
Since the woman, identified only by a number, arrived without a visa, under the Migration Act she could not make a valid application for a visa unless the Minister approved.
The High Court has assessed the Tamil woman, who was a member of Sri Lanka's Tamil Tiger terrorist organization LTTE, to be a genuine refugee.
Based on her membership in LTTE, the Australian Security Intelligence Organization (ASIO) has given the woman an adverse assessment, AAP reported.
ASIO has said that she had taken part in armed combat, remained strongly supportive of the group and its aim of achieving a Tamil homeland through violence and was likely to engage in acts prejudicial to Australia's security, if granted a visa.
The Immigration Department considering the ASIO assessment has decided that she could not be granted a visa and did not refer her case to the Immigration Minister.
She is now married and live in a detention center in Sydney with her two children.
The High Court judges unanimously held that exercise of the minister's power was affected by the error of law and the Immigration Minister Scott Morrison will have to consider her case now.