Myanmar asylum seeker's baby boy in legal limbo

A TWO-week old boy is bound for legal purgatory until at least Friday afternoon, after the Federal Government fought to dismiss the fight designed to protect him from foreign detention on Nauru.

It is the latest instalment in an lengthy saga, which began when Ferouz - the son and brother of Myanmar asylum seekers - was born by caesarean section in Brisbane.

The legal team for Maurice Blackburn Lawyers began Tuesday ready to take a thorny legal argument to the Federal Circuit Court in Brisbane - that Ferouz was Australian-born and thus was exempt from mandatory detention.

The firm would also argue the family was entitled to independent medical tests to determine whether they had the health to withstand such detention.

Even further, as the family of five were not treated as citizens in their home country of Myanmar, the firm would argue the family was "stateless" and a child of theirs born here was absolutely entitled to apply for citizenship.

Commonwealth lawyers however nixed their well-laid plans by demanding the case be dumped because such a case ought to be decided in the High Court.

It also argued such a claim was "premature" because no final government decision had been made.

After each side argued to and fro, Judge Margaret Cassidy told the court she would wait until Friday at 3pm to make a decision.

Until then, the Federal Government has agreed to put on-hold any plan to send the family off-shore.

Should Judge Cassidy dismiss the claim, Maurice Blackburn Associate Murray Watt said the firm would likely be instructed to head for the High Court.