A Brisbane court is preparing to hear an urgent case aimed at stopping the transfer of a sick newborn baby and his family to Nauru.
Latifar, a Rohingyan woman from Myanmar, was transferred from Nauru to give birth to Ferouz at a Brisbane hospital two weeks ago.
They remain in detention with the child’s father and siblings.
Lawyer Murray Watt, from Maurice Blackburn, says the family will argue in the Federal Court that they must be allowed to remain in Australia until the child’s condition improves.
He says the family has a right to present independent medical advice to the court about their health, before any decision is made about their future.
The case will also question the federal government’s power to transfer the boy to Nauru at all, given he was born in Australia.
Ferouz remains weak, has trouble breastfeeding and his mother is recovering from a caesarean birth and suffers from diabetes.
“This family of asylum seekers has already been poorly treated, with limited access to visit their newborn son, Ferouz, while he remained in hospital,” Mr Watt told AAP.
“This is an important case, not just for baby Ferouz and his family, but also in highlighting the injustice of detaining children offshore.”