A Christchurch resident is pleading with immigration officials to allow her teenage son with Down syndrome to live with her in New Zealand, claiming that he faces instability and danger if he remains in India, The New Zealand Herald reported.
The case, which has left the boy excluded from New Zealand for the past eight years, stems from complications with his visa applications.
Prince, who has New Zealand residency and works as a chef in Christchurch, told The Herald she felt established in the country but said she had been unable to bring her son Jap Sahib to live with her. She explained that New Zealand had given her everything except her child. Prince first arrived in the country in 2014 on a work visa with her then five-year-old son to help her brother-in-law with his restaurant.
According to The Herald, Jap was asked to leave New Zealand in 2016 when his student visa application was rejected. Immigration New Zealand (INZ) cited its acceptable standard of health (ASH) policy, which assesses whether an applicant may pose a significant cost to or demand on the country’s health services. INZ deputy chief operating officer Jeannie Melville said Jap’s visa was declined because he was eligible for Ongoing Resource Scheme (ORS) funding, which did not meet the health standard required for student visas.
Prince told The Herald she believed it was unfair that her son’s disability had been the reason for his visa rejection. She said immigration officials had told her Jap was considered a burden on taxpayers.
Disability advocate Aine Kelly-Costello, from the Migrants Against Acceptable Standards of Health Aotearoa group, told The Herald the policy was morally reprehensible and should be abolished. She argued that disabled migrants were being valued only by their perceived economic worth and said children like Jap were being scapegoated for underfunding of learning support in schools.
Prince said she had the financial means to support her son’s health and education needs and was not asking the government for assistance. After Jap’s visa was rejected, she spent more than a year unsuccessfully challenging the decision before sending him back to India, where he has been in the care of his grandmother. She told The Herald the situation had become untenable as her mother’s health had declined and she was no longer able to care for Jap. She also raised concerns about the boy’s father, who she claimed struggled with alcohol addiction.
Melville acknowledged to The Herald that it was a difficult situation and said personal circumstances, including health and family issues, were considered in such cases. However, she noted that unresolved custody matters and the potential impact on New Zealand’s health and education systems were reasons visitor visa applications in 2022 and 2023 were also rejected.
According to The Herald, Prince said she had shared custody of Jap, but INZ was told in her 2021 residency application that she did not. Melville added that Prince had not included her son in her original residency application, something she said was required for dependent children. Prince maintained she had followed the advice of her immigration adviser, referencing her son in the application without formally including him.
Prince has since returned to India to care for Jap while she seeks ministerial intervention in the case. Melville confirmed to The Herald that the request was awaiting preparation for Associate Immigration Minister Chris Penk’s consideration.
Prince said she feared starting over if forced to remain in India and told The Herald her job in New Zealand gave her the income to properly support her son in the future. She added that she had the backing of her younger sisters and brother-in-law who also lived in New Zealand.
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