Lawyers will try to stop an asylum seeking couple's Australian-born baby being moved into detention. Source: AAP
A BABY boy born in Australia and his asylum-seeking family will be sent to a Darwin detention centre on Saturday unless the High Court intervenes.
Baby Ferouz was born in Brisbane's Mater Hospital in November after his mother, Latifar, was transferred from Nauru due to concerns about her pregnancy.
He was denied a protection visa in January and declared an unauthorised maritime arrival.
Family lawyer Murray Watt will ask the High Court on Friday afternoon to quash their transfer or ask for an injunction to delay the removal until a future hearing.
"Why is an Australian child in detention in the first place?" he told reporters.
"That is cruel behaviour, and it has to stop.
"This is a boy who was born on Australian soil. He has never left Brisbane; he has a Queensland birth certificate."
Ferouz, his two siblings, and parents remain in detention in Brisbane.
The six-month-old has ongoing respiratory problems and his older sister has severe intellectual disabilities.
Lawyers will argue the family will be separated from their medical and legal teams if transferred.
However, the Immigration Department believes there is better accommodation in Darwin, Mr Watt says.
"They would be uprooted from detention in Brisbane and moved thousands of kilometres, where they have no contact and no support services," Mr Watt said.
Ferouz's parents, from the minority Rohingya group in Myanmar (Burma), fled their homeland more than a decade ago.
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