More than 20 expectant asylum seeker women will have to return to Nauru with their babies, missing out on the "one off" offer by Immigration Scott Morrison's to allow a number of babies to stay and have their claims for protection assessed in Australia.
Under conditions of a secret deal struck between Mr Morrison and Senator Ricky Muir, 31 babies and their families will be able to remain in Australia until their claims are processed and they are offered a temporary protection visa or a safe haven enterprise visa.
But according to refugee advocates there are another 22 pregnant asylum seeker women currently in Darwin, with one woman in labor on Friday morning at the Royal Darwin Hospital. Under the deal, babies who had to be born before Thursday's date could not apply for a temporary visa in Australia.
Chilout spokeswoman Claire Hammerton said the mothers, who all arrived in Australia before December 4, ranged from giving birth imminently to being a few months away from motherhood.
"All those babies are liable for offshore processing and will never be settled in Australia," she said. "We have serious concerns for the health and wellbeing for the mothers in relation to their newborn babies."
On Thursday, the families were overjoyed at the news, particularly the family of baby Ferouz, who was at the centre of an ongoing court case to prohibit the government from removing Australian-born babies to Nauru.
"[It] is a very joyful day for my whole family," baby Ferouz's father said. "I have never known such joy, in my whole life."
The court case gained momentum after lawyers argued it was illogical to claim that babies who were born in Australian hospitals were classified as "unauthorised maritime arrivals".
A spokesman for the organisation Save the Children, Mat Tinkler, said they would continue to work with the Abbott government to "ensure that the conditions at the Nauru immigration facility are as suitable as possible under the circumstances for children and their families.
"We continue to call on the governments of Australia and Nauru to prioritise the removal of all children held in immigration detention as a matter of urgency," said Mr Tinkler, who is the Director of Policy and Public Affairs.
Greens Senator Sarah Hanson-Young said: "It's good that these babies will get to stay in Australia, for now, but I hold grave concerns for the pregnant women, children and families who will be left on Nauru as a result of this deal.
It comes as the last group of children from Christmas Island were transferred to Darwin on Friday in time for Christmas, as promised by Mr Morrison in his negotiations with the crossbenchers and Clive Palmer to gain support for his wide-ranging Migration Act that was passed earlier this month.
Fairfax Media understands the last charter flight carrying asylum children and their families departed Christmas Island for Darwin at 3pm local time.
