Lawyers for a baby boy born in Australia and his asylum-seeking family have lost their bid to stop the family being transferred to Darwin from Brisbane.
A baby boy born in Australia and his asylum-seeking family will be forcibly transferred to a Darwin detention centre on Saturday.
A High Court judge on Friday rejected an urgent application to stop the family being transferred from a centre in Brisbane where they are being held.
Baby Ferouz was born in Brisbane’s Mater Hospital in November after his mother, Latifar, was transferred from Nauru due to concerns over her pregnancy.
He was denied a protection visa in January and declared an unauthorised maritime arrival.
Family lawyer Murray Watt asked the High Court on Friday afternoon to quash their transfer or ask for an injunction to delay the removal until a future hearing.
He says the family will obviously be disappointed with the judge’s decision.
“I’m heading to the detention centre now to give them the bad news,” he told AAP.
“We respect the decision of the court but we’re obviously disappointed with the outcome and I’m sure our clients will be very upset and distressed.”
Lawyers had argued the family will be separated from their medical and legal teams if transferred.
Ferouz, his two siblings, and parents remain in detention in Brisbane and will be transferred to Darwin on Saturday.
The six-month-old has ongoing respiratory problems and his older sister has severe intellectual disabilities.
The Immigration Department has said there is better accommodation in Darwin for the family.
Ferouz’s parents, from the minority Rohingya group in Myanmar (Burma), fled their homeland more than a decade ago.
A separate High Court application is underway which argues Ferouz is entitled to a protection visa because he was born in Australia.