Australian authorities plan to deport a five-year-old boy born in the country after his family’s visa applications were rejected because his “mild functional impairment” is considered a burden on the healthcare system.
Adyan Bhuiyan was born in Geelong two years after his father came to Australia on a student visa.
Dr Mahedi Hasan Bhuiyan and Rebaka Sultana married in Bangladesh in 2012, before Ms Sulatana moved to be with her new husband in Australia.
A few months after Adyan’s birth, tests revealed he had a mild cerebral palsy, most likely caused by a stroke shortly before or after his birth.
Dr Bhuiyan finished his PhD in engineering in 2016 and was granted a Victorian state government nomination for a permanent skilled migration visa, which would allow his family to stay in Australia, but their visa applications were rejected because of Adyan’s disability.
The family appealed the decision through the Administrative Appeals Tribunal, who took two-and-a-half years to uphold the rejection.
The Tribunal said it was bound to accept Adyan’s medical assessments from 2016 and this year, the latter finding that Adyan has a “mild functional impairment” which was likely permanent, and would likely require community services including but not limited to additional support at school.
Dr Bhuiyan said Adyan has a “little weakness in his left hand” and would not need “special education”.
Adyan currently attends kindergarten in Australia and his father told local media he has no learning difficulties.
The family has appealed to Minister for Immigration, David Coleman, who is not bound by the legislation and has broad discretionary powers to grant or deny a visa.
Mr Coleman previously granted visas to a Bhutanese family where were facing deportation, having lived and worked in Australia for seven years, because of their deaf son. The Minister also granted a visa to a nurse from the Philippines, whose 10-year-old autistic son was rejected.
Mr Coleman is understood to be currently considering the case of Shaffan Muhammad Ghulam, another Australian-born boy facing deportation.
Shaffan, who lives in Perth, suffers from the condition chondrodysplasia punctata which affects bone and cartilage development.
Almost 50,000 people have signed a petition urging the Minister to intervene and allow the boy and his family to stay.
In his petition, Shaffan’s father Qasim Butt wrote: “We do not have the medical expertise in my country of origin to care for such a complex patient… He has survived so far because of the excellent health care he has received in Perth Australia.”
Shaffan’s parents also say his life would be at risk if he had to fly because of respitory decompensation in a low-pressure aeroplane cabin.