Her barrister,Angel Aleksov,argued that a determination by Home Affairs Minister Peter Dutton in July 2017 allowed her to apply for a visa. However Justice Moshinsky disagreed,finding that she did not have that right at the time of her application in September 2019.

But Justice Moshinsky found that Mr Coleman considered using ministerial powers to let Tharunicaa make a visa application in May last year when he asked the department to prepare a full brief on the family and potential"options".

That meant Tharunicaa was denied procedural fairness because she was not notified her case was being assessed in August 2019,or invited to comment.

Both parties have seven days to prepare agreed orders.

The family was first detained in March 2018 when police raided their Biloela home after Priya's bridging visa expired.

Lawyer for the family,Carina Ford,said she was relieved at the decision,but it was difficult to predict what the judgment would mean for the family.

"I feel justice has been served,"Ms Ford said on Friday.

"What does that mean in a practical sense? In some ways,that's still in the minister's hands and the department's hands on what happens next.

"Ultimately,we always knew it wasn't going to be automatic relief today."

Family friend Angela Fredericks said Priya had held out hope the family would be allowed to return home to Biloela.

"I think they've been well practised at this emotional ride,so I know they will be feeling tremendous relief today."

The parents came to Australia separately by boat in 2012 and 2013 following Sri Lanka's civil war and established themselves in Biloela,near Gladstone. The couple claims they face persecution in Sri Lanka due to links to the Liberation Tigers of Tamil Eelam.

The rest of the family has not been found to be owed Australia's protection and they have lost all possible appeals.