The government is responsible for sending a five-month-old baby born in Australia to Nauru, the Greens say.
Greens immigration spokeswoman Sarah Hanson-Young said the parents had been brought to Melbourne from Nauru so the woman could give birth, and were now being sent back to the immigration detention centre.
The government last year amended the Migration Act as part of a deal with crossbench senators that allowed for asylum-seeker babies to stay in Australia while their refugee claims were being processed.
But the agreement only applied to babies sent to Australia before December 4.
"While there were dozens of children, in fact almost 100 children, who were born in Australia who were given reprieve, this child, simply because it was born a few weeks too late, has now been sent off to Nauru," she said.
A spokesman for the Immigration Department told SBS that the Greens "have a track record of making fanciful claims which are rarely borne out in reality".
"The Greens and so called refugee advocates often make exaggerated, uninformed and inaccurate claims regarding illegal maritime arrivals for various political motivations - often to the detriment of the people they claim to be helping," he said.
"... Those in detention receive appropriate healthcare and support services."
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