A Bangladeshi family living in Melbourne faces deportation because their autistic son is considered a burden on Australia’s health system.

Dr Biswajit Banik, his wife Dr Sarmin Sayeed and their son Arkojeet Banik have lived in Australia on study visas since 2007, after Dr Sayeed was offered a scholarship from Monash University and the Australian government.

But because Arkojeet, 12, is diagnosed with autism, the Australian government rejected their bids for permanent residency, the family said.

Now, Dr Banik’s students from Monash University have launched an 8000-signature strong change.org petition urging Immigration Minister Peter Dutton to let the family stay in Australia.

Under Australia’s immigration legislation, an applicant for a permanent residency visa can be rejected after a health check if they are “likely to result in significant health care and community service costs, or prejudice the access of Australian citizens or permanent residents to such services”.

Such discrimination is legal because Australian migration law is exempt from the Disability Discrimination Act.

“It has put us into huge turmoil in relation to our life, health, social life and work.”
Dr Biswajit Banik

In 2012 the Gillard-Labor government pledged to change the policy and assess migrants with disabilities based on the “net benefit” a family could add to Australia. Since 2013 the Coalition government has not committed to this.

However, in 2014 then-immigration minister Scott Morrison decided a Sri Lankan family in a similar predicament could stay in Australia.

In May 2015, Mr Dutton granted an autistic Filipino boy and his mother a permanent residency visa, after their bids were initially rejected.

Dr Banik and Dr Sayeed pay for all of their son’s medical expenses. The only government support they receive is indirect, through Arkojeet’s special school enrolment.

“It has put us into huge turmoil in relation to our life, health, social life and work,” Dr Banik told The New Daily. “We are trying to keep up work and there are people relying on us in our jobs.

The decision rests with Mr Dutton. Photo: AAP

“My wife, a general practitioner, is busy in day-to-day health services responsible for many patients. I have to teach to high quality students [at Monash University] and I cannot compromise my work.

“We just need some help from the people from Australia and the Honourable minister [for immigration and border protection] Peter Dutton, for some compassion.”

The family’s application for permanent residency was first made in late 2014. It was rejected by the Immigration Department in mid-2015, then a tribunal rejected an appeal in late 2015.

An appeal on their permanent residency status rests with Mr Dutton. He alone will decide whether they stay or go.

There is no timeline for Mr Dutton’s decision. It could be made tomorrow, it could be made next week, Dr Banik said.

A department of border protection and immigration spokesperson told The New Daily: “The family have made a request for ministerial intervention and their case is under active consideration.”

Thousands ask minister to let them stay

We understand Mr Dutton is a very busy man with a lot to do but we hope he can show us some compassion.
Dr Biswajit Banik

Family and friends have started a change.org petition to implore Mr Dutton to let the trio remain in Australia.

The petition has attracted more than 8000 signatures.

The change.org petition is garnering large support.

Arkojeet cannot speak Bangladeshi and his parents say their home country does not have the services to deal with children living with autism.

Asked whether his son understood the battle he was facing to stay in the country, Dr Banik replied: “I don’t know. He is a happy, happy child. He goes to school he loves it here, you know. He understands something that is not right is going on.

“We want to help people here so staying in Australia and working with our skills for the community is the reason to be here.”

Arkojeet’s autism was expected to get less severe over time, even though he was already on the high-functioning end of the spectrum.

“We understand Mr Dutton is a very busy man with a lot to do, but we hope he can show us some compassion.”