Lawyers for a Rohingya asylum seeker's baby, who was born in Australia, have applied for a protection visa for the newborn.
Ferouz was born in a Brisbane hospital last month after his mother Latifar, his father and two siblings were transferred there from a Nauru detention centre.
The family, who come from Myanmar, do not want to return to the Pacific Island nation because premature Ferouz and his mother, who suffers from diabetes, are still very weak.
Last week their lawyers struck a deal with the Department of Immigration allowing the family to stay in Brisbane until their case was heard for "procedural fairness".
Maurice Blackburn associate Murray Watt says an application for a protection visa for Ferouz was lodged on Wednesday.
"Ferouz's family come from a persecuted minority group in Myanmar that is not recognised as citizens by the government there," Mr Watt said in a statement.
"For that reason, baby Ferouz is considered stateless and, having been born in Australia, he is entitled to apply for a protection visa.
"We strongly urge the federal government to grant this protection visa for Ferouz, and we will also be seeking protection for his family to ensure they can remain together, as any reasonable person would expect."
Mr Watt said Ferouz was likely to apply for Australian citizenship at a later date.
The family's bid to stay in the country is due to be aired in the Federal Circuit Court on March 21.
