Asylum-seeker family from Myanmar with sick newborn will stay in Australia for the time being THE Federal Government has abandoned court action to relocate a family of five asylum seekers - including a new born baby - from Brisbane to Nauru. Federal Circuit Court Margaret Cassidy was today told Federal Immigration Minister Scott Morrison had backed down for the time being on plans to send a four-week-old Australian-born boy and his family - who fled Myanmar - to the Pacific Island nation. Judge Cassidy was scheduled to hand down her findings in an application by the family seeking a ruling on whether they should be granted "procedural fairness" and be allowed to tender independent medical evidence before any transfer hearing. Barrister Stephen Keim, SC, for the family, told the court an agreement had been struck, agreeable to all parties, including Mr Morrision, that would grant the family of refugee seekers a fair hearing. That agreement includes an attempt to establish if the baby is entitled to Australian citizenship. The child's mother was removed from immigration in Nauru to give birth to her son at Brisbane's Mater Hospital. The family, including the baby's father and other siblings, also traveled to Brisbane for the birth, but are being held in detention while medical staff continue trying to improve the newborn's health. It is understood the baby continues to have difficulty breastfeeding and remains weak, while his mum is being treated for diabetes. Lawyers for the family went to the Brisbane Federal Circuit Court seeking to prevent their return to Nauru without "procedural fairness" -- meaning without the family members being able to provide independent medical evidence. They are also seeking to prevent the family's removal from Australian shores before it can establish if the baby is entitled to Australian citizenship in light of the fact he was born here. Judge Cassidy yesterday approved a consent order that prevents the Federal Government from taking court action to remove the family back to Nauru without two clear business day's notice. Outside court, solicitor Murray Watt, for the family, said: "We've managed to secure a fair outcome for (the baby) and his family." We've held a series of negotiations and the Gvernment ... will provide them with a fair hearing. That's a really good outcome for the family. The family are very happy.