Three Australian Federal Court justices have retired to consider whether a baby born in Brisbane to asylum-seeker parents is an "unauthorised maritime arrival", in an appeal case that has implications for more than 100 children born in detention.
Baby Ferouz was born just over a year ago in Brisbane's Mater Hospital to Rohingya parents from Burma, who arrived on Christmas Island in September last year.
The boy's mother, Latifar, was flown from a Nauru detention centre to Brisbane to give birth following complications in pregnancy. The Australian Government says Ferouz cannot apply for a protection visa because he is an unauthorised maritime arrival, a stance that was upheld by the Federal Circuit Court last month.
Lawyers acting for Ferouz's family appealed against the decision before the full bench of the Federal Court in Brisbane yesterday. The decision was reserved.
If the appeal succeeds, it means baby Ferouz and 106 other children born in Australia to asylum-seeker parents can apply for protection visas.
