A nine-year-old Canadian boy being held with his Iranian parents in a Texas detention centre is "desperate and losing hope," says his lawyer, who has asked the Canadian government to issue temporary permits to allow the family to come to Canada.

"Kevin is a Canadian citizen, he has an absolute right to return," said the family's lawyer, Andrew Brouwer, on Tuesday. "There are only two countries they can consider, Canada or Iran," but Iran would raise the prospect of renewed torture, he said. 

Kevin's letter to Prime Minister Stephen Harper.
(CBC)

Kevin's parents Majid and Masomeh (they've asked that their last names be withheld) first arrived in Canada 10 years ago seeking asylum, but were unsuccessful and were deported to Iran in December 2005.

After facing torture there, which Brouwer said was corroborated by Amnesty International, the parents made another attempt to seek refuge in Canada with the use of stolen Greek passports.

But on a flight to Toronto from Guyana on Feb. 4, a passenger suffered a heart attack and died, causing the plane to be diverted to Puerto Rico.

U.S. officials discovered their false documents and detained the family for five days before sending them to the T. Don Hutto detention centre near Austin, Texas, a converted medium-security prison that has been condemned by human rights groups and is the subject of a lawsuit by the American Civil Liberties Union.

"They're living in a jail, in what used to be a medium-security prison for criminals," said Brouwer. "Kevin and his mom are in one cell and the father is in a different cell on another floor. They're restricted to cells 11 or 12 hours a day.

"Medical facilities are far below standard. Food is practically inedible. Majid needed to get a piece of bread for Kevin and was told she needed to make a request to the medical officer because bread wasn't on the menu for the day."

'He broke down crying'

Kevin has written a letter to Prime Minister Stephen Harper requesting help, but is "desperate and starting to lose hope," said Brouwer.

"I talked to him last night and he broke down crying. He's sick right now, he's got a cold or flu. He's got eczema and asthma, and is having more and more attacks.

"He's stunned by what's going on and keeps asking, 'Why am I here, why can't I go back home?' — which is Canada."

Government officials have told Brouwer the case is being considered a priority.

"We're asking the Canadian government to issue just temporary permits to allow the family to quickly get out of detention in the next few days and come to Canada," said Brouwer.

"While they're here we would make a formal claim for refugee protection with the Canadian government.

"They would have a chance to make their case and the Canadian government could make its decision whether or not they believe the family will be tortured if they are sent back."