Family 'in limbo' after 10yo autistic daughter denied visa to stay in New Zealand
Saturday, 31 July 2021
Flavio Galvao brought his family over to New Zealand four years ago for a better life than the one they had in Brazil.
Now, they face being forced back to the “violent” city of Rio de Janeiro as his 10-year-old daughter has been denied a visa. She is considered too much of a burden on the health system to be allowed to stay.
Galvao’s daughter, Micaela Galvao, was diagnosed with moderate autism at the age of 3. She attends a regular school on Auckland’s North Shore and doesn’t currently require additional support from the Ministry of Education.
However, when the Takapuna family applied for work to residence visas in 2020, Micaela’s autism raised a red flag.
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Assessments and reference letters were sent to Immigration New Zealand (INZ) as requested.
But on April 16, 2021, INZ said it had completed its final assessment of Micaela’s health and concluded it was not of an acceptable standard for New Zealand.
Medical assessors had considered all the information provided and determined “again” that Micaela “is likely to impose significant costs or demands on New Zealand’s health services or special education services”.
Because of Covid-19, her original student visa has been extended until January 2022.
The rejection had devastated Galvao and wife Graziela Galvao as they now consider New Zealand their home.
“We are granted to stay in New Zealand but [Micaela] is not welcome,” Flavio Galvao said.
“This is absurd, it’s unfair. I truly believe this is a case of discrimination against people born with a condition.”
In a reference letter, a child and adolescent psychiatrist said INZ’s concern appeared “overstated”.
”Micaela has an established diagnosis of autism spectrum disorder, but it is not clear to me that she has an intellectual disability.”
A letter from Micaela’s school principal said she required additional support when she first started at the school – but her needs had reduced greatly since then.
”Micaela is largely independent within the classroom and school setting. We have noticed that Micaela has made great progress in her social interactions. She will ask questions of others and initiate conversations with both peers and adults,” said the letter.
Galvao said his family was “stuck in limbo” and he didn’t want to get to the end of the year and tell Micaela they had to leave New Zealand.
He feared her health would get worse if they went back to Brazil, as she loved New Zealand.
“We are insistent [on staying] in New Zealand for my daughter. I feel for the wreckage that this can cause to her mind if she goes back to Brazil.
“For me, this law is absurd.”
General manager of border and visa operations Nicola Hogg said INZ empathised with the Galvao family and understood their disappointment in its recent decision.
“The parents submitted and were granted work to residence visas and made a student visa application for Micaela on 19 May 2020.
“This application was assessed against residence instructions as they were applying for a visa as a dependent of work to residence visa holders. Based on the information provided, INZ determined that Micaela did not meet the health requirements for a student visa under residence instructions.”
Hogg said the family had submitted a request for ministerial intervention – and it was currently under consideration.
The Galvaos had set up an online petition to Immigration Minister Kris Faafoi to push for their case to be reconsidered.
“I want to fight all the way through,” Flavio Galvao said.
Immigration Minister Kris Faafoi did not respond by deadline.