The parents of 11-month-old baby Ferouz will appeal a judge’s ruling preventing babies born in Australia to asylum seekers from seeking refugee status.

Lawyers will lodge an appeal after a landmark court ruling determined babies born in detention in Australia will not be able to claim refugee status.

The Federal Circuit Court decided in a test case that 11-month-old baby Ferouz, who was born in Brisbane’s Mater Hospital last November, is an unauthorised maritime arrival.

Ferouz’s parents are distressed by Wednesday’s verdict and will launch an urgent appeal through their lawyers on Thursday, Maurice Blackburn senior associate Murray Watt says.

“All they have continued to seek for Ferouz is a fair go: Ferouz was born in Brisbane and has a Queensland birth certificate, and we remain firmly of the view that on that basis he should have the right to seek protection in Australia,” he said.