Updated

A lawyer says he will challenge in Australia's highest court a government plan to swap refugees with Malaysia on the grounds that the policy would separate a Kurdish refugee from his wife and 4-year-old son.

Lawyer David Manne said Friday that the father, whose name has not been made public, arrived in Australia more than a year ago and has been accepted as a refugee. But his wife and child have arrived since May 7, when the government announced that all new boat arrivals would be sent to Malaysia, Papua New Guinea or a third country.

Manne says he lodged a challenge to the policy on Thursday in the High Court on behalf of the woman and child after the Immigration Department rejected their application to be reunited with the refugee.