Baby born in Brisbane to asylum seeker not entitled to visa

ONE of the nation's highest courts has rejected a high-profile legal push to decide whether babies born on Australian soil, to families who came to Australia via boat, have a right to stay in Australia as refugees.

Australian-born baby Ferouz, who has been in detention since his birth in November last year, was denied a protection visa because the government claims he came via boat and is therefore an unauthorised maritime arrival.

Maurice Blackburn senior associate Murray Watt said outside court on Wednesday the decision was disappointing.

He said they would consider lodging an appeal.

The Federal Government introduced legislation earlier this month to block a legal loophole and retrospectively deem Ferouz and other babies born on Australian soil to have entered Australia via sea.

Ferouz was born in Brisbane's Mater Hospital and has a Queensland birth certificate.