Australia refuses visa to 5-year-old Adyan, who faces deportation

A family along with their five-year-old child is facing the horrors of deportation to Bangladesh from Australia. The five-year-old child suffers from a mild disability and therefore the visa application for the family was rejected as the child will require extra medical care in the hospital of Australia. 

The family refused a visa under, ‘one fails all fail’ health criteria

The case has taken a complicated turn. According to the medical assessments, after Adyan was born, it was revealed that he suffers from mild cerebral palsy which was caused due to a mild stroke either before or after his birth. His father, Dr. Mahedi Hasan Bhuiyan after completing his education received a  Victorian state government nomination which would allow him to be a permanent skilled migrant in Australia. But due to Adyan’s disability, he was refused a visa under Australia’s strict “one fails all fail” visa health criteria.

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Filed appealed to Administrative Appeals Tribunal

The family, however, filed a petition through the Administrative Appeals Tribunal. After two and a half years of a long struggle, the AAT vindicated the refusal and said that it was “bound to accept” the results of medical reports of Adyan performed in 2016 and 2019. According to 2019 medical reports it was revealed that  Adyan had a “mild functional impairment” and the impairment is incurable. In such a scenario according to Australian law, the child will require help from society like community services and special education. Adyan’s father exclaimed that a minor disability in his son's left-hand does not require special education as he is capable of attending the regular school. 

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Adyan is independently mobile 

Another medical assessment revealed to the international media that the child does not require additional support. It reported that the child can walk on his own and will require help only help to walk on steps and in uneven areas. Apart from that, the child is vibrant, vocal, can play soccer and also evolved movements that can help him overcome his disability. The child is provided with regular medical therapy and has improved his skills to grab things. Adyan’s parents said that he faces no difficulty in learning new things. 

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The family approached the immigration minister

The AAT said that there was no discrimination done while considering the contributions of the family to Australia. The family has now appealed to David Coleman, who is the immigration minister. The immigration minister has the power to grant or deny a visa. Currently, the family is on bridging visa E, which permits the family to live legally in Australia for three months while they await the decision of the immigration minister. 

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