Urgent case in court to stop transfer of sick baby 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, said the family will argue in the Federal Court that they must be allowed to remain in Australia until the child's condition improves.
He said 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