But Refugee and Immigration Legal Service solicitor Bruce Wells said the Australian government was going to tear the family apart. Ms Teua had appealed the decision with the government, but in August assistant Immigration Minister Michaelia Cash ruled it was not in the public interest for Ms Teua to remain in the country. Mr Wells said he did not believe Senator Cash had given enough weight to the situation. "Our hope is the minister will reconsider her decision," he said. "In our view [having viewed the files] there is nothing substantial there about Alexandra and that is our real concern, that the minister has not exercised this discretion with full knowledge of the circumstances."

A spokesman for Ms Cash said the decision was made based on the available information. "The minister is not compelled to explain decisions to intervene or not consider an individual request," he said. "Where children are involved in a ministerial intervention case, consideration of the best interest of a child does not automatically lead to a decision to allow the child's family to remain in Australia." Ms Teua said she was "heartbroken" and her daughter would most likely live with her paternal grandparents, because the father did not want primary custody despite refusing to let the child leave the country. "I am not feeling well at the moment – my body is really weak," Ms Teua said. "I am going to lose my little girl and [I'm] just really sad.

"It is not fair. It is not fair to me, it is not fair. I would just say to the minster, please, could you give me another chance for my little girl so she can stay with her mother? She is always with me and this is not fair. I am just heartbroken at the moment. I am just asking for a chance for my little girl." Ms Teua's case is the second Brisbane visa case to receive national attention. The Federal Circuit Court will on Tuesday hear the "final push" to allow 11-month old Ferouz, who was born in Australia to parents seeking protection visas, to be granted a protection visa. Maurice Blackburn's Murray Watt said the federal government had fought the case "tooth and nail" and was attempting to give itself the right "to transfer Aussie kids to Nauru". "The federal government have tried to block Ferouz every step of the way, fighting this case tooth and nail, transferring his family to detention in Darwin, away from their medical and legal support, and interviewing them without their lawyers being present," Mr Watt said in a statement. "In a final act of desperation, two weeks ago, the government introduced legislation to retrospectively deem Ferouz and other babies born on Australian soil to have entered Australia by sea.

"The fact the government is trying to change the goal posts at the last minute is an admission they got it wrong in rejecting Ferouz's protection visa application in January. "This means that, on the government's own figures, Australian taxpayers have spent over $1 million detaining Ferouz and his family, due to the error of the Australian government. "If these amendments are passed, the government will give itself the right to transfer Aussie kids to Nauru. "And because the amendments are retrospective, they will most likely nobble Ferouz's case before the courts. "The fact is there should never have been any question that babies born here deserve protection, but the government have repeatedly and incorrectly denied these babies that right.

"Importantly, the fate of around 100 other asylum seeker babies born in Australia also rests on the outcome of Ferouz's hearing tomorrow, with the government having given an undertaking not to transfer these babies offshore until this case is decided." With AAP