Lawyers representing a family of asylum-seekers fighting to stay in Australia with their sick baby born on Nov 10 at the Brisbane's Mater Hospital say the child is not an unauthorised maritime arrival and are "extremely confident" the court will clear the infant's a right to Australian citizenship. Judge Margaret Cassidy at the Federal Circuit Court is expected to decide on Friday whether the case falls within her jurisdiction. Commonwealth lawyers, on the other hand, argue the case be heard by the High Court. However, the family's lawyers say recent changes to the Migration Act give the Federal Circuit Court sufficient power to hear the matter.

The baby, Ferouz, was born to Latifar, a Rohingyan woman from Myanmar, who was shifted to the Brisbane hospital from Nauru detention centre for delivery.

At the Brisbane hospital, Latifar, who is suffering from diabetes, gave birth to Ferouz by caesarean section. The newborn Ferouz remains weak due to respiratory problems and needs constant medical care. The baby was separated from the mother who was only allowed to visit him between 10 am and 4 pm at the hospital.

Apart from Ferouz, Latifar's family includes her husband and two other children, all of whom remain in detention.

The child has since been returned to the Brisbane Immigration Transit Accommodation Centre with his family, but continues to be sick and needing medical care.

"He hasn't got enough energy to breastfeed," Murray Watt of Maurice Blackburn Lawyers told reporters outside the court. The firm has taken up the family's case on a pro bono basis.

"This is a stalling tactic from the Commonwealth government," Mr Watt said about the government's approach.

He pointed out that Immigration Minister Scott Morrison can intervene in the case and grant the family protection visas.

"But rather than doing that the Commonwealth continues to stall and continues to bring this before the court. I'd encourage the Commonwealth to really reflect on its position about that especially in the wake of some of the things we've seen in the public debate this week," Mr Watt said.

The case has since returned for the third time to the Federal Circuit Court in Brisbane on Thursday. Lawyers on both sides have made their submissions about the jurisdiction of the court over the matter.