Immigration Minister Chris Bowen is confident the yet-to-be finalised asylum seeker swap deal with Malaysia will withstand a High Court challenge.
"We believe that arrangements with Malaysia are on very, very strong legal grounds indeed," he told ABC Radio on Friday.
Mr Bowen was responding to the case of a Kurdish mother and her son who have been told their asylum claims will be processed in a third country.
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They have taken their case to the High Court, arguing they should be reunited with the woman's husband who has been granted refugee status in Australia.
Mr Bowen said he would not comment on individual cases.
"But of course there are several provisions in the Migration Act which would allow for the arrangements that we have entered into with Malaysia," he said.
The minister reiterated the government's position that blanket exemptions to the swap deal would be unworkable and
counter-productive, because they would provide a loophole for people smugglers to exploit.
But he said individual exemptions for minors would be considered on a case-by-case basis.
"That would take into account their personal circumstances, vulnerabilities, support networks and what was in place and what would be the best situation to deal with each individual minor," Mr Bowen said.
Refugee lawyer David Manne on Thursday lodged papers on behalf of the Kurdish family.
Mr Manne believes they should be reunited with the woman's husband, and is hoping for a High Court hearing as early as next week.
