An urgent request to prevent the family of Myanmar nationals from the Rohingya ethnic group being sent back to Nauru is being heard in Brisbane's Federal Circuit Court.
The mother gave birth to a baby boy in a Brisbane hospital this month.
Lawyers for firm Maurice Blackburn, which is representing the family, are seeking an injunction to prevent them being sent to Nauru on the basis of the family's medical circumstances and also because the child was born in Australia.
However, lawyers for Immigration Minister Scott Morrison told the court there are no grounds to argue the case.
Listen: Stefan Armbruster tells SBS World News Australia Radio what happened at today's hearing
Earlier, lawyers for the family told SBS the injunction will be a test case on whether it is legal to remove a child born in Australia for offshore processing.
Murray Watt told Stefan Armbruster they will also argue the health impacts on the family should be a consideration.
