By SHAUNA ANDERSON
UPDATE: The Federal Court has ruled that Baby Ferouz is not entitled to apply for a protection visa, despite having been born on Australian soil.
Immigration Minister Scott Morrision had previously denied the child’s refugee status and labelled him an unauthorised maritime arrival – even though he was born in Brisbane’s Mater hospital.
Justice Michael Jarrett dismissed a challenge by the baby’s lawyers in Brisbane this afternoon.
Mr Morrison said that he welcomed the decision.
“It has always been the intention of successive governments that children born to illegal maritime arrivals, are taken to have the same status as their parents,” he said.
“The Government has legislation before the Parliament that reinforces the outcome in this case and ensures that these cases continue to be treated consistently with the Government’s policy.”
The case would have set a precedent for more than 100 babies born in Australia to asylum seeker parents.
An 11-month old baby’s fate could determine the future for 100 other children today.
The little boy is one we came to know after he was born in a Brisbane hospital when his mother, Latifar, was flown from the Nauru detention centre following pregnancy complications last year.
Ferouz – now 11 months old – is the face of a court case that could determine whether he and 100 other babies can be awarded a protection visa.
The ground breaking legal bid will be heard in the Federal Circuit Court today.
Ferouz’s parents, from the persecuted minority Rohingya group in Burma, fled their homeland more than a decade ago.
Latifar gave birth in the Mater Hospital in Brisbane – and made headlines when she was separated from her newborn.
The baby was issued an Australian birth certificate but his refugee application was rejected on the grounds he’s an unauthorised maritime arrival.
Lawyers from Maurice Blackburn became involved to challenge the decision.
“This is ridiculous – he was born in Brisbane’s Mater Hospital, where I and my own two children were born,” Maurice Blackburn associate Murray Watt said in February.