Babies born to asylum seekers in Australia could be sent offshore if the parliament passes changes to the Migration Act, lawyers say.

Lawyers fear babies born to asylum seekers in Australia might soon be sent to Nauru if federal parliament passes amendments to the Migration Act.

The amendments could come up for debate on Tuesday in the lower house, where the government has the numbers to pass its proposed laws.

Maurice Blackburn Lawyers senior associate Murray Watt believes that if the amendments do pass then babies like his 11-month old client, Ferouz, are a step closer to being sent to detention offshore.

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

The baby’s family are in detention in Darwin. But the government’s amendments, that are not certain to pass in the Senate, would mean he and his family will be taken to Nauru, his lawyer says.

Mr Watt said Ferouz has an important legal appeal underway that should be able to run its course without having the goalposts changed at the last minute, with these amendments being pushed through.