Mrs Antonio, her husband Michael both 30 and from the Philippines and their son Marx face an uncertain future.

She came to Australia seven years ago, graduated in nursing from the Australian Catholic University and works for MacKillop Aged Care.

But the Migration Review Tribunal has rejected the Antonios' application to stay in the country.

''I have a permanent job here, but what's the point of my studying seven years in Australia if they're going to send me back?'' Mrs Antonio said.

''If I go back to the Philippines I can't get a job straight away because everything there's in crisis.

''What's the future for my baby?''

Mr Antonio said his son, who was born in Australia, would have opportunities here that he could not find in the Philippines.

Mrs Antonio said she was refused permanent residency because she narrowly failed the Immigration Department's English proficiency test.

''But I was four months pregnant, suffering morning sickness and they wouldn't let me go to the toilet,'' she said.

''If I can't speak English, I couldn't have passed my university course; and how would they retain me in my job all this time?''

Their lawyer, Michael Vassili, is preparing an appeal for intervention to Immigration Minister Chris Evans.

Mr Vassili said that the Migration Review Tribunal had rejected their application on a technicality, specifically Mrs Antonio's English language test results.

''But Lizel has qualifications from the Philippines and the Australian Catholic University, presented and examined in English,'' he said.

He also said that Australia needed workers like Mrs Antonio.

''There's a shortage of skilled workers in midwifery and aged care,'' Mr Vassili said.

''Lizel holds such qualifications and they're second to none.

''The public interest is not served by sending her back to the Philippines.''

A spokesman for Senator Evans said all requests for ministerial intervention would be thoroughly assessed.