Fijian Teen Faces Deportation From NZ Due To Education Needs

Wednesday, 19 February 2025, 7:35 pm
Article: RNZ

Christina Persico, RNZ Pacific bulletin editor
Susana Suisuiki, Pacific Waves presenter/producer

A Fijian teenager is facing being deported from New Zealand after a tribunal found he was likely to impose a significant burden on special education services.

A decision from New Zealand's Immigration and Protection Tribunal found that "there are no exceptional circumstances of a humanitarian nature" and declined the appeal.

But it did order the granting of a six-month visa so the teenager and his family can make the appropriate care arrangements for him to return to Fiji.

The lawyer for the family's case, Rajendra Chaudry, said this is a humanitarian issue.

He said while he respects New Zealand's immigration laws, this case is different.

"We do hope that they will also look at this case, look at the circumstances, look at all those people who are affected; and also look at the unfairness in the policy as to a temporary visa holder who's working, who's paying taxes, who's living by the law in this country," he said.

Chaudry told Pacific Waves that they are prepared to make an appeal to the immigration minister.

"I do not want this to become political football for obvious reasons," he said.

"The privacy of the child and his parents needs to be respected, so whatever decisions will be made will be in consultation with the child's parents.

"And yes writing to the minister and outlining the case for the young boy is definitely on the cards."

The tribunal decision noted the teen's father moved to Aotearoa in November 2022. The boy arrived with his mother and sister in March 2023 on visas granted because of their relationship to the father.

In August 2023, his father was granted a three-year accredited employer work visa. The teen's mother and sister were granted visas in connection with the father's visa.

But in May 2024, the teen's student visa application was declined as he was found "not to be of an acceptable standard of health".

"The Immigration New Zealand medical assessor found that the appellant had a diagnosis of epilepsy with significantly delayed milestones and/or intellectual disability which meant that the appellant would likely impose significant costs or demands on New Zealand's special education services," the decision said.

He does not attend school in New Zealand and accompanied his mother to work.

The appellant's case for staying in New Zealand included the fact he is totally dependent on his parents who are in New Zealand; he is able to manage sufficiently well with the support of his family but if he is deported, he will not be able to care for himself in Fiji; and will not be a financial burden because his parents have self-funded his care since arriving in New Zealand.

"The appellant is able to look after himself and do age-appropriate activities with the support of his family and others," the decision summarised.

"The appellant has been diagnosed with epilepsy, which is well-managed with a daily medication, which the appellant is responsible for taking, under family supervision. He has previously accessed treatment in the local hospital in Fiji, has not had a convulsion since he was 12 years old, and since arriving in New Zealand, has not had to see a doctor regarding this condition."

The teen has developmental delays, has no foundational reading, writing or math skills in Hindi or English, and would require significant support with learning and social and adaptive skills in an academic setting. He speaks Hindi clearly while the educational assessment reported his English level as basic.

A Ministry of Education Ongoing Resource Scheme assessor considered all the information presented with the appellant's student visa application, finding that his epilepsy with significantly delayed milestones and/or intellectual disability meant that he would likely impose significant costs or demands on New Zealand's special education services.

The decision also stated that it is due to the parents' wish to remain in New Zealand for better opportunities that leaves the teen facing returning on his own or possibly with his older sister.

"While the family may have come to New Zealand with the hope of staying here permanently, the appellant's family members have only ever held temporary visas.

"Irrespective of any future eligibility, the appellant could be included in his father's application from offshore.

"In essence, any separation of the family unit would come about because of his parents' decision to remain in New Zealand and continue their lives here without him. This is a matter for the family to decide, and does not, in itself, give rise to a humanitarian circumstance.

"The Tribunal recognises that the appellant's best interests are served by living in a settled and familiar environment, where he is supported by a family member or someone who is familiar to the appellant.

"While the family wishes that to be in New Zealand, the Tribunal finds that to remain in New Zealand is not necessarily in the appellant's best interests. His best interests can also be served by returning to Fiji."

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