Woronora Heights family fights move to deport them to UK after 13 years in Australia

Nathan and Emma Mills and their sons James, 21, and Harrison, 18, together with their daughter Daisy, 11, an Australian citizen, were given 35 days' notice to leave Australia on April 13 when their application for permanent residency was refused.

They have appealed to the Administrative Appeals Tribunal, but the case could take two to five years to be heard, during which their lives and income will be severely restricted.

This is the second time they have had to go to the tribunal. On the first occasion, the tribunal ruled in their favour, but the Immigration Department did not accept the decision.

Immigration Minister Andrew Giles has told the family he does not have the power to personally intervene.

However, the Mills family's lawyer disputed this in a letter to Mr Giles, and submitted "exceptional and compassionate" circumstances exist.

"We don't feel entitled, we are just seeking a 'fair go'," Mr Mills said.

"We have done everything by the book, but it still doesn't seem to be good enough."

Mr Mills said they had seen much abuse of the system, including fake visas and people being granted permanent residency only to return to their native countries.

"We have been fully committed to become Australian citizens from the day we landed, hence the sacrifices we have made and the fact we are still fighting this matter 13 years on," he said.

"We have worked hard and integrated into Australian life. We have submitted all the requirements required by the Department of Immigration and also previously won an AAT appeal."

The couple and their two oldest children came to Australia from Britain on a work visa 13 years ago.

The family's visa status changed due to work-related issues, and they sought a carer's visa when Mrs Mills took on full-time care of her 75-year-old father.

Until their appeal is heard, the family can't leave Australia, as they would not be allowed to re-enter, and they don't qualify for various forms of government benefits.

Mr and Mrs Mills can't visit elderly parents, who are in ill-health in the UK.

Harrison, who is doing the HSC at Engadine High School, won't be able to travel to Fiji with classmates at the end of the year.

Hughes MP Jenny Ware, a lawyer, is also satisfied Mr Giles has the power to intervene.

"I am calling upon Minister Giles to exercise his powers of ministerial Intervention under the Migration Act in favour of the Mills family," she said.

"This is bureaucratic bungling at its worst.

"Since meeting with the Mills family in April, I have made numerous requests to the minister to exercise his powers for compassionate and exceptional reasons."

"The Mills' have worked and paid taxes in Australia. They are committed to their local community and have made Australia their home for more than a decade. They should be shown compassion."

Mr Giles did not reply when Shadow Minister for Immigration Dan Teehan raised the case in Parliament in June.

"Why then hasn't he been able to take action on the case of the Mills family, who have lived in Australia for 13 years, paid taxes and contributed to the community?" Mr Teehan asked.

"Their daughter Daisy is an Australian citizen, their grandfather is an Australian citizen, why can't we get a decision, which would mean that they know that they have the security they've been seeking to stay here in Australia?"

Mr Giles' office and the Department Department of Home Affairs say they do not comment on individual cases.