THE federal government won't send a two-week-old baby and his asylum-seeker family to Nauru before next week after lawyers sought a court order to stop their removal.
A spokeswoman at Maurice Blackburn says the government has given an undertaking not to remove the family until further order of the court.
"We expect this matter will be back in court on Tuesday morning," she said in a statement on Friday.
Associate Murray Watt earlier said the family from Myanmar (Burma) had already been "mistreated", with restrictions placed on the family's ability to visit the baby boy in hospital following his birth in Brisbane two weeks ago.
Mr Watt said they were terrified they could be taken to Nauru at any time even though the baby remains weak, has trouble breastfeeding and his mother is recovering from a caesarean birth and suffers from diabetes.
A senate committee was told in Canberra this week an immigration health advisory group would report in December after reviewing the case where the mother was separated from her sick baby at nights following the birth.
Mr Watt said the law firm sought the court order because the immigration department would not commit to giving the family a chance to present medical reports outlining the likely impact removal to Nauru would have on their health.
Immigration Minister Scott Morrison reiterated on Friday there were no exceptions to the rule of offshore processing for any individuals who arrive illegally by boat after 19 July.
"That is the government's policy. And when there are medical clearances that are in place for people to return to Nauru, in the case of families, then that is what would occur," he said in a statement.
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