Key Takeaways
- A Nelson nurse, Nithin Mankeel, is fighting to prevent the deportation of his autistic child, Aidhan Nithin, who has been denied a pathway to live in New Zealand due to concerns about the costs of his care.
- Immigration New Zealand has deemed Aidhan likely to impose significant costs or demands on health and education services, making him ineligible for a visa under new rules introduced in March.
- The family’s appeals, including a request for ministerial intervention, have been denied, and Aidhan’s visa application has been declined, leaving him with an unlawful status and at risk of deportation.
- The community is rallying around the family, with over 4,000 people signing a petition and a rally held in central Nelson to support them.
Introduction to the Story
The story of Nithin Mankeel and his family has sparked widespread concern and outrage in the community. Mankeel, an elder care nurse, moved to New Zealand from India in January 2024, followed by his wife and son later that year. However, their dream of building a new life in New Zealand has been put in jeopardy due to the denial of a visa for their autistic child, Aidhan. Immigration New Zealand has cited concerns about the costs of Aidhan’s care as the reason for the denial, despite the family’s efforts to provide evidence of his improving condition and the support he receives from his community.
The Family’s Situation
Mankeel’s job as an elder care nurse is on Tier 1 of INZ’s Green List, and he had applied for the straight-to-residence pathway, listing his family members as secondary applicants. However, after INZ sought more information about Aidhan’s delayed speech abilities, which led to a diagnosis of autism spectrum disorder and global developmental delay, the agency invited the family to submit further evidence to support a medical waiver. Mankeel has consulted with doctors, psychologists, and GPs, who have reported that Aidhan is improving since starting kindergarten and is doing many things independently. Despite this, INZ has declined Aidhan’s visa application, citing the likelihood of significant costs or demands on health and education services.
Appeals and Community Support
The family has lodged an appeal to the independent Immigration and Protection Tribunal on humanitarian grounds, but it was not accepted due to being submitted after the statutory 42-day timeframe. They have also appealed to Associate Immigration Minister Chris Penk, who declined to intervene, citing no new extenuating or compelling information. The community has rallied around the family, with over 4,000 people signing a petition and a rally held in central Nelson to support them. Nelson MP Rachel Boyack has also spoken out in support of the family, describing the situation as "deeply unfair" and highlighting the benefits of allowing the family to stay in New Zealand.
Immigration New Zealand’s Response
INZ deputy chief operating officer Jeannie Melville has stated that applicants assessed as likely to impose significant costs on health and education services cannot be granted a waiver, regardless of family circumstances or occupation. The agency has advised that immigration health requirements are specific and can only be waived through ministerial intervention. While acknowledging the concerns raised by the family, local representatives, and community members, INZ has stated that immigration decisions must be made in line with the Immigration Act and associated instructions. The agency has also acknowledged that the family’s situation is difficult and has committed to engaging with them to manage the process compassionately.
The Family’s Future
Mankeel has expressed his desperation and fear about the possibility of being separated from his child, stating that deporting Aidhan would be like "cutting off my arm." He has also highlighted the challenges of being an essential health worker in New Zealand, while facing the risk of losing his child. The community’s response has been overwhelming, with many people expressing support for the family and calling for compassion and understanding. As the family waits for the outcome of their Section 61 request, they remain hopeful that a solution can be found to allow them to stay together in New Zealand. The family’s story has sparked a wider debate about the need for a more compassionate and inclusive approach to immigration policy, particularly when it comes to families with children who have disabilities or special needs.
