It’s drawn ire internationally, with the United Nations in 2019 calling on Australia to make its immigration rules more equitable.

After Canada faced similar criticism, it overhauled its Migration Act in 2018, and Dr Gothard said the same should happen here.

“It’s not like the floodgates will open … the costs are not huge,” she said.

“I see families who are made to suffer for years and years and years going through the system.

“For the sake of those relatively few families affected, the (laws) should be adjusted.”

In a statement, a spokesperson from the Department of Home Affairs said not all people with disability were rejected for permanent residency, and individuals were assessed based on the cost to the community and whether it would prejudice the access of Australian citizens and permanent residents to services in short supply.

Leaving Australia a ‘death sentence’ for some children

Aside from the stress and anxiety for the families, there are concerns about the children’s outcomes.

Kayaan’s doctor, Barry Rawicki from the Monash Children’s Hospital, knows firsthand the medical system that awaits his patient in India.

The Australian Government has defended its policy. Photo: ABC

The head of the Victorian Paediatric Rehabilitation Service has worked there multiple times in his career, and said if the Katyals could pay top dollar, they would be served well.

But the Katyals say they don’t have that kind of money.

“If finances are an issue … Kayaan’s outcome would be much worse than they would be in a system, such as here, where he can access both medical and allied health treatment,” Associate Professor Rawicki said.

“As an individual, and as Kayaan’s doctor, then I’d be advocating for him to be able to stay to get the treatment that he needs.”

In some cases, it’s life or death.

In Western Australia, the Jamshaad family have been fighting to stay in Australia after their son, four-year-old Kayban, received a brain injury during birth.

In Western Australia, Kayban’s parents say deporting him would amount to a “death sentence”. Photo: ABC

They’ve been here for nine years — but their request for permanent residency was rejected because of Kayban’s condition, which requires a range of complex care.

The Administrative Appeals Tribunal last year asked the department to reassess the case, but Kayban’s mother, Shizleen Aishath, said they were not sure what fate awaits them when the visa expires next year.

“Because of the multiple complexities that Kayban lives day in, day out – for him [it would] basically [be] a death sentence,” she said.

‘We came here for a better future’

For the parents at Kayaan Katyal’s former playgroup, which caters for children with special needs, the decision should be clear cut.

“Why should someone be discriminated against because they have a disability?” asks Laura Atwell, whose daughter Ivy also has cerebral palsy.

“We have the NDIS and we’ve come a long way … but I think that’s just wrong.”

Kayaan Katyal has been making good progress at a playgroup for children with special needs. Photo: ABC

Meredith Biggs, the coordinator of Malvern Special Needs Playgroup, said the Katyals had been incredible, generous members of their community in the four years she’d known them and the situation was heartbreaking.

“We’re here to support people with disabilities, not send them offshore because they do have a disability,” Ms Biggs said.

She pointed to the current skills shortage facing Australia in hospitality and the pause on immigration due to coronavirus.

“We need positions filled,” she said.

“We need people like Varun who’s been trained in our country and can offer his amazing services and continue working in Australia and giving to the community.”

Ms Biggs said the fact the department’s refusal was based on a financial assessment of Kayan’s cost to society was heartless.

“What about the benefit?” she asked.

“With the progress we’re seeing now, I’m sure [Kayaan] will be in the future a contributing member to society and probably a taxpayer himself.

“He just needs the correct supports.”

Varun and Priyanka Katyal say they’ve done everything right in their efforts to gain permanent residency. Photo: ABC

Varun and Priyanka Katyal feel the same way.

“He can be a big asset in future,” Varun said.

“I’m sure if Kayaan gets the opportunity to do something, he will do something good. We can see the potential.”

Six-year-old Kayaan’s parents fear they wouldn’t be able to afford quality care in India. Photo: ABC

After spending more than $40,000 on legal and immigration fees, and being unable to make long-term plans in Australia or access the NDIS, they are at the end of their tether.

“Sometimes I just think: is Australia too weak? Just to help a child?” he said.

“Because when we came here we came here for equality, we came here for a better future. We were thinking, you know – everyone gets treated equal in a country like this.”

A spokesperson for the Department of Home Affairs said the current rules were pragmatic and balanced compassion and cost containment.

“The Australian Government administers the migration health requirement to protect the community from public health and safety risks, contain public expenditure on health care and community services, and safeguard the access of Australian citizens and permanent residents to health care and community services in short supply,” they said.

“The current policy does not discriminate against applicants who have a disability or illness, or a combination of both, with all applicants being treated in an equal and fair manner.”

-ABC