Policy Change Brings Hope for Children with Disabilities: Kayban's Fight Against Deportation Highlights Migration System Reforms

Abstract: This article explores the case of Kayban Jamshaad, an eight-year-old Australian-born child with disabilities who faced repeated threats of deportation due to strict migration health requirements. Despite his family's efforts to cover all medical expenses independently, Kayban's visa application was repeatedly denied, reflecting the challenges within Australia's migration system for individuals with disabilities. Recent policy changes have brought hope, as the federal government now waives health requirements for children born in Australia who have lived there for over half their lives. This reform, a result of sustained advocacy, marks a significant step toward a more inclusive migration system. However, broader reforms are still needed to address ongoing concerns and ensure fair treatment for all individuals, regardless of health conditions.

The story of Kayban Jamshaad and his family highlights a significant issue within Australia's migration system, particularly how it intersects with the rights of individuals with disabilities. Despite being born in Australia and living there all his life, Kayban and his family have faced ongoing struggles to secure his right to stay in the country due to his medical conditions. His case sheds light on how migration laws can disproportionately affect children with disabilities, treating them as financial liabilities rather than individuals with unique needs.

Background

Kayban Jamshaad, an eight-year-old born in Bunbury, Western Australia, has several medical conditions, including an acquired brain injury sustained at birth and severe haemophilia. Despite these conditions, his family has been paying for his medical care without relying on government assistance. However, due to the perceived cost of his care, the Department of Home Affairs rejected his visa application, even though the rest of his family was granted visas.

The Migration Health Requirement

The migration health requirement in Australia mandates that visa applicants must not have health conditions that could result in "significant cost" to taxpayers. The threshold recently increased from $49,000 to $86,000 over the visa period. Kayban's condition was viewed as exceeding this threshold, leading to repeated rejections of his visa applications. The family appealed to the Administrative Appeals Tribunal in 2019 and succeeded in getting a temporary waiver by demonstrating that they were independently covering his medical costs.

Recent Policy Change

The situation for Kayban and other children in similar situations has changed due to recent policy changes. The federal government has waived the health requirement for children born in Australia who have lived there for more than half of their lives. This reform means that Kayban's family and others will have a fairer chance at securing permanent residency without fear that their child's medical needs will be a barrier.

Shizleen Aishath, Kayban's mother, expressed relief, stating that the policy change gives them the same opportunity as any other family seeking permanent residency. She emphasized that the new rule ensures their rights are not compromised due to a system over which they previously had no control.

Advocacy and Wider Implications

The change in policy is a result of ongoing advocacy by groups like Welcoming Disability, which has been campaigning for a more inclusive migration system for years. Supported by over 100 organizations, the campaign argues that Australia’s migration laws should not reduce people to financial burdens but recognise their broader social and economic contributions.

While this reform is a step forward, advocates like Jan Gothard from Welcoming Disability emphasize that there are still unaddressed issues concerning how people with disabilities are treated under Australian migration law. Reports from a federal parliamentary committee, the United Nations, and the disability royal commission have all raised concerns over the years, urging the government to reform further policies to eliminate discrimination and stigma against people with disabilities.

Conclusion

The story of Kayban and his family highlights the complex interplay between migration policy, healthcare, and disability rights. The recent changes in policy are a significant step toward fairness. Still, advocates are calling for broader reforms to ensure that all individuals, regardless of health conditions or disabilities, are treated with dignity and respect within the migration system.

The case underscores the need for policies that recognise the full humanity of individuals rather than viewing them merely through the lens of cost, reflecting a broader call for inclusivity and fairness in Australian society.