A landmark case that will act as a precedent for asylum seeker babies born in Australia will be heard in the Federal Court on Tuesday.

A landmark case that will act as a precedent for asylum seeker babies born in Australia will be heard in the Federal Court on Tuesday.

Lawyers believe the case will have wide-ranging impacts for other babies in detention.

Baby Ferouz was born on November 6 last year at Brisbane’s Mater Hospital.

His family, from the persecuted Rohingya minority, had arrived on Christmas Island from Myanmar three months earlier before being transferred to Nauru.

The boy’s pregnant mother Latifar was flown to Brisbane eight months ago on health grounds.

But asylum seekers who arrived by boat after July 19 last year were denied the right to claim protection visas under laws introduced by then prime minister Kevin Rudd. The federal government rejected Ferouz’s refugee application on the grounds he’s an unauthorised maritime arrival.

Maurice Blackburn senior associate Murray Watt said there should never have been any question that babies born in Australia deserve protection.

“Importantly, the fate of around 100 other asylum seeker babies born in Australia also rests on the outcome of Ferouz’s hearing …” he said in a statement.

“… with the government having given an undertaking not to transfer these babies offshore until this case is decided.”

Maurice Blackburn is acting on behalf of the baby’s family.

The case will be heard by the Federal Court in Brisbane.