“Congratulations, such good news,” Loriza Ali’s sister told her over a video call, as Ali received multiple calls after her lawyer informed her that Associate Minister of Immigration Chris Penk had granted a Resident Visa to her now 20-year-old son, Nathan Lyzal Amhaz.
“I can confirm that after carefully considering the representations in the case of Nathan Ahmaz, I have decided to grant him a resident visa," Chris Penk, Associate Minister of Immigration told The Indian Weekender.
“This is subject to him meeting all requirements of the Dependent Child Category, other than the requirement to have an acceptable standard of health. Nathan's health will not be assessed,” he added.
Nathan, who was born with Cerebral Palsy, has lived in Fiji since birth. His mother, a Fijian-Indian and a New Zealand citizen, has spent a decade trying to bring him to New Zealand, as first reported by The Indian Weekender last year.
Nathan was granted the visa on 12 February, as an exception, subject to meeting all requirements under the Dependent Child Category.
“I can not stop crying,” Loriza Ali, told The Indian Weekender.
“I am over the moon. Thank you to the minister and the parliamentarians who fought with me,” Ali added.
Despite multiple efforts, Ali had been unable to secure a visa for Nathan. She previously told The Indian Weekender that Nathan’s caregivers in Fiji are ageing and there is no one available to take him to physiotherapy sessions, as his grandmother is unable to drive.
Also Read: Ageing caregiver, home-bound child: Fijian-Indian mum appeals to reunite with son in NZ
Immigration New Zealand applies the Acceptable Standard of Health (ASH) policy when assessing visa applications. The policy considers whether an applicant could place a “significant cost to, or demands on, New Zealand’s health services” and the potential impact on the education system when granting residency to people with disabilities.
Ali applied for ministerial intervention in October last year after earlier applications, including a Visitor Visa and a Dependent Child Resident Visa, were declined.
In an earlier interview, The Ministry of Business, Innovation and Employment (MBIE) said Immigration New Zealand “carefully considers” all applications involving dependent children, including those with special needs, under clear health and eligibility criteria. Children with special needs can be included in a parent’s Resident Visa application or apply under the Dependent Child Resident Visa category, but must meet the Acceptable Standard of Health requirements.
Also Read: Immigration explains health rules as Fijian-Indian mum fights to live with her son in NZ
Last year, Ali launched an online petition through Action Network and Migrants Against the Acceptable Standard of Health Aotearoa (MAASHA), calling on Associate Minister Chris Penk and the House of Representatives to grant an exemption to the health requirements and allow Nathan to live in New Zealand.
“We are overjoyed for Nathan and Loriza that Nathan can finally move to Aotearoa with his mum. However, this comes after over a decade of living separated due to NZ's discriminatory Acceptable Standard of Health requirements and fighting to be reunited,” Áine Kelly-Costello, organiser with MAASHA told The Indian Weekender.
"In a welcoming Aotearoa, we would not forceably separate parents from their children due to ableism. Instead, we would recognise that our migrant families contribute in so many ways to our communities and it is infinitely easier to do so when not living under the huge daily stress of being separated from your disabled child, along with the financial cost and emotional toll of fighting against this separation,” they added.
Loriza, now one step closer to reuniting with her son, said there is still a long process ahead. She must submit a fresh application under the Dependent Child Category before Nathan can join her in New Zealand and enjoy “fun drives” with his mother and time with his nieces and nephews.
“Parent’s don’t lose. Seek help, keep exploring avenues,” Ali said, in a message to parents struggling to bring children with special needs who do not meet the Acceptable Standard of Health.