The Tamil family facing deportation from Australia has been relocated to the Christmas Island detention centre, their lawyer says.

Key points: On Friday the Federal Court ruled the family's youngest daughter could remain in Australia until Wednesday

On Friday the Federal Court ruled the family's youngest daughter could remain in Australia until Wednesday Lawyer urges Home Affairs Minister Peter Dutton to step in to prevent their deportation

Lawyer urges Home Affairs Minister Peter Dutton to step in to prevent their deportation The Home Affairs Department has refused to comment on the family's location

Carina Ford said she received news of the family's move in an email from the Immigration Department overnight.

"I did receive an email overnight from the Minister's lawyers confirming they'd been transferred," she said.

The two-year-old daughter received a last-minute reprieve on Friday when the Federal Court determined her case for asylum had not been properly heard by immigration officials.

The injunction means the family can stay in Australia until Wednesday, September 4.

Ms Ford said she was given an assurance that the family would not be split up.

She said moving the family to Christmas Island made her communication with them more difficult.

"It's concerning in that it obstructs access to your client in a way that you wouldn't in a major city," she said.

"For example we need documents signed by the clients and obviously I need a lawyer to witness that and I now need to make arrangements for that to occur."

The Home Affairs Department has refused to confirm the location of the family.

"As this matter is before the courts it would be inappropriate to comment," a spokesperson said.

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 30 seconds 30 s The family recorded this fotage this as they were being placed on a plane at Melbourne Airport.

Government stands by process as Labor urges intervention

Assistant Finance Minister Zed Seselja said the Government was standing by its processes.

"I'm not denying in any way the difficulty of the circumstances," he said.

"What I am talking about is the processes, in terms of discretion, that's up to the Minister to consider.

"I would just make the point that right up to the High Court, this has been considered by a number of courts and they have found they are not owed protection."

The Opposition has ramped up its calls for Home Affairs Minister Peter Dutton to use his powers to intervene and prevent a deportation.

Frontbencher Katy Gallagher said the family qualified for special circumstances.

"Moving people in the dark of night to Christmas Island, I think it goes to show just how cruel this Government has been with this family," she said.

"The Minister has the capacity to intervene in special circumstances. I think there's no doubt that this family qualifies for that."

Former Labor Leader Bill Shorten also urged the Government to let the family stay in Australia.

"The election is over. Stop using these people as political pawns. If the community want them, let them stay," he said.

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 1 minute 33 seconds 1 m 33 s Home Affairs Minister Peter Dutton said the family had been told they would not be able to settle in Australia.

'There's a reason why Christmas Island was closed'



Nades and Priya left Sri Lanka during the civil war and arrived in Australia separately by boat in 2012 and 2013.

The couple married in Australia and their daughters — Kopika, 4, and Tharunicaa, aged 2 — were born here.

Ms Ford said the move to Christmas Island would have been traumatic for the family and called for Mr Dutton to step in to prevent their deportation.

"I mean there's a reason why Christmas Island was closed in the first place, and it's remote … the conditions have never been appropriate and it's obviously just the fact that this has happened overnight with two young children is of course traumatic," she said.

"I don't know how it could have any positive impact on the family whatsoever.

"Ultimately at the end of the day, we need the Minister to intervene, that's the only way this matter can be successful, because it is only the Minister who holds the power to lift the bar."

Tharunicaa, at age nine months, and Kopika, aged two years. ( Supplied: Tamil Refugee Council )

Ms Ford said it was likely the family were the only detainees on Christmas Island, but could not confirm if the detention centre had been reopened specifically for them.

"I don't really understand the motive of the Christmas Island move, given that there are many other functioning detention centres in Australia on the mainland," she said a press conference in Melbourne.

"The reality is they do have lawyers and barristers that appear on their behalf so they aren't required to be witnesses, but there's no doubt it would have been better if they had remained on the mainland."

Aran Mylvaganam from the Tamil Refugee Council said it had been a "very difficult 36 hours" for the family.

"A really traumatic experience for the children. Our supporters talked with Priya [Saturday] morning, she was telling us the Christmas Island staff are treating their wounds from Thursday," he said.

"The children are constantly crying. Kopika is feeling constantly lonely. They are the only refugees on this island."

'Second flight under the cover of darkness'

Supporters from the Home To Bilo campaign said they lost contact when the family had their phones taken from them overnight, only hearing from them at 2:00am once they had arrived on Christmas Island.

They also said Priya had not been supplied with blood pressure medication.

"This is the second flight in as many days under the cover of darkness, taking the family even further away from the support of the community that loves them," family friend Rebekah Holt said in a statement.

"What were the department hoping to achieve by moving this toddler and her family to literally the furthest landmass that could loosely be described as falling under Australia's territorial control?"

Family friend Vashini said she received a call from Priya after the family arrived at the island.

She said the mother told her they were all feeling terrible and exhausted.

"She said to me, 'I don't know what to do' and asked me to contact the lawyers," Vashini said.

She said the family seemed to think they were in the family camp on Christmas Island, where they had been held previously.

"They feel very lonely and don't know what is happening next," she said.

"She said the kids were very tired and that they were worried about them as they had been separated from their lives."

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 1 minute 39 seconds 1 m 39 s Lawyer of Tamil family fighting deportation speaks outside court

On Friday the Federal Court ruled Tharunicaa could remain in Australia until 4:00pm on Wednesday.

On Thursday night the family was removed from immigration detention and put on a plane in Melbourne, but the aircraft was forced to land in Darwin in the early hours of the morning after an urgent injunction was granted.

Ms Ford said an injunction was sought specifically for two-year-old Tharunicaa because immigration officials had not assessed her individual claim for protection.

Another supporter, Angela Fredericks, said she received a message from Priya on Christmas Island in the "early hours of the morning".

She said Priya suffered from post-traumatic stress disorder from her previous time on Christmas Island.