Disability advocates, including IHC and New Zealand Down Syndrome Association, are calling on the New Zealand Government to reverse a deeply discriminatory immigration policy that targets children with intellectual disabilities.

A six-year-old boy with Down syndrome, the child of a South African couple living in Waikato, is facing deportation following new immigration rules introduced by Minister of Immigration Erica Stanford. Under changes announced in March, children of temporary visa holders who have a “severe cognitive or development disorder that requires significant support” are no longer eligible for student or visitor visas.

“This policy sends a chilling message: that children with intellectual disabilities are not welcome here,” said Tania Thomas, Director of Advocacy at IHC. “We work with many talented people with intellectual disabilities who bring enormous value to our workplaces and communities. These changes are shameful.”

Zandra Vaccarino, National Executive Officer for the New Zealand Down Syndrome Association (NZDSA), says this is not an isolated case.

“Just last week, I spoke to another family with a four-year-old son who was declined a visa. These decisions are devastating, and the process is not only unjust, it’s traumatic,” says Zandra.

“Such refusals reflect systemic discrimination and are driven by policies that perpetuate ableist assumptions, which ignore the value and potential of people with Down syndrome and violate their fundamental rights — including those protected under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which New Zealand is a signatory.”

Advocates say the new policy compounds an already discriminatory immigration system, which bars many disabled people from becoming permanent residents due to the so-called "acceptable standard of health" criteria.

The new policy also appears to fly in the face of international human rights obligations. In 2022, the (UNCRPD) criticised New Zealand’s immigration rules, saying the health criteria allowed for discrimination against disabled people in practice.

Rather than acting on those recommendations, the Government has introduced stricter visa settings for families with disabled children. Disability advocates say this signals a worrying trend: instead of addressing underfunding in the education system, the Government is pushing the burden onto migrant families.

“The education system is stretched - that’s not in dispute. But punishing disabled children and their families for systemic underfunding is not the solution,” says Tania. “This move effectively blames vulnerable children for the state’s failure to invest in inclusive education.”

Minister Stanford has said the new rules will improve transparency, preventing situations where a child is granted a temporary visa but later denied residency due to high support needs. However, advocates argue that “transparency” is being used to justify unfair and exclusionary treatment.

The United Nations has urged New Zealand to remove discriminatory provisions from its immigration policy, yet there has been no substantive change. When questioned by media, Minister Stanford declined to comment on individual cases. Her spokesperson reiterated that support for children with additional needs is “significantly oversubscribed” and that it is “entirely appropriate” to ensure the education system can respond to New Zealand children first.

But Tania says blaming underfunding in the education system is no excuse for targeting children with disabilities.

“This isn’t a funding issue. It’s a values issue,” she said. “New Zealand must decide whether it sees disabled children as a burden or as equal members of our society.”

About IHC New Zealand

IHC New Zealand advocates for the rights, inclusion and welfare of all people with intellectual disabilities and supports them to live satisfying lives in the community. IHC provides advocacy, volunteering, events, membership associations and fundraising. It is part of the IHC Group, which also includes IDEA Services, Choices NZ and Accessible Properties.

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