Mo Munshi, a dual UK and Australian citizen, has been in detention in Ulaanbaatar since June.

The November appeal upheld the original sentence of 11 years in prison and penalty damages of 31 billion Mongolian Tugriks (around $16.7 million Australian dollars), but the court added a further penalty involving the suspension of mining licences.

Mr Munshi’s case now goes to the Mongolian Supreme Court and, according to his son Arif, may be heard “sometime in January 2018”.

“Dad could be moved at any point to a regional closed prison. Visitation rights are one short visit in 90 days and one long visit once in 120 days”.

He said the restrictions apply to lawyers and family alike. “Consular staff may be able to visit more often but they are unclear as to what they intend to do if dad gets moved” he said.

Radio 6PR was contacted by a man from Tasmania by the name of Ben who claims to be connected to the Mongolian ex-pat community.

Ben said that he had been in touch with a foreign national who had spent time in a cell with Mr Munshi and that “Mo’s back is in very bad shape and he is struggling to walk”.

Mr Munshi’s Perth lawyers who travelled to Mongolia in September described the conditions in detention as “bleak”, and echoed the family’s concerns about his deteriorating health.

They say he has been imprisoned in Mongolia for a civil matter and have called on the Federal Government for assistance.

Arif said the lack of assistance was disappointing. “It’s extremely distressing for us,” he said.