Mother battles to keep Down Syndrome son in the country

Monday, 24 July 2017

An American mother and her 8-year-old son had their residence application denied because he has Down syndrome. 

But the decision was overturned by the Immigration Protection Tribunal which criticised a 'serious flaw' in Immigration NZ's processes. 

Last year the department turned the pair away because Immigration NZ deemed the boy did not have an acceptable standard of health, would require full time care and wasn't eligible for a medical waiver. 

But the mother successfully appealed that decision, with a determination released by the Protection Tribunal in January telling Immigration NZ it had to re-assess the case - and use a different Immigration NZ officer, without the payment of further fees. 

The 28-year-old mum arrived in the country with her son in 2014 on visitors' visas. She was approved a work visa, while her son was approved a student visa and, later, an interim visa, before she applied for residence. 

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Usually, applicants for residence who don't have an acceptable standard of health are eligible for a medical waiver, providing they do not require full time care. 

In her application, the boy's mother argued her son was attending a mainstream primary school with the assistance of a teacher aide, and was cared for by his mother and stepfather outside of school. 

The tribunal also found there was clear evidence from a disability centre's assessment, and from its medical director, that the boy did not require full-time care, and was unlikely to require it in future.

Instead, Immigration NZ had relied on two separate medical assessors whose opinions were later found to be 'clearly incorrect,' and contrary to a medical report made available to them, the determination said. 

Immigration NZ had overlooked the inadequacy of those opinions, which the determination said was a 'serious flaw' in its processing of the application. 

Suzy Dymock, a campaigner for the rights of people with Down syndrome, said Immigration NZ's handling of the case was 'unacceptable and a national embarrassment for New Zealand'.

The department needed to take applicants with Down syndrome more seriously, she said. 

'I just want people like my son to have an ordinary life, and being able to immigrate like any other person is ordinary and non-discriminatory.'

The tribunal said the success of the mother's appeal would not guarantee that her application would be successful - only that it would be subject to a proper and fair re-assessment by Immigration NZ. 

The outcome of the re-assessment isn't yet known. 

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