A group of babies born to asylum-seeker parents in Australia won’t be transferred to Nauru until court action is resolved.

The immigration department says it will not transfer 26 babies born to asylum seekers in Australia until court action is resolved.

Lawyers had sought a guarantee that the 24 babies on Christmas Island and two in Melbourne would not be sent to the detention centre on Nauru until the Federal Circuit Court rules on the baby Ferouz case.

Law firm Maurice Blackburn is acting for the family in the case, which seeks to establish whether babies born in Australia are unauthorised maritime arrivals and can be removed for offshore processing.

Lawyer Jacob Vargehese says the 26 families he represents now have some certainty they will not get a knock at the door in the middle of the night from immigration officials.

“A detention centre is no place for young babies or children,” he said in a statement.

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.

Ferouz’s parents, from the minority Rohingya group in Myanmar, fled their homeland more than a decade ago.

A spokeswoman for Immigration Minister Scott Morrison said it was inappropriate to comment on the case because it was before the court.