Key Takeaways:
- A family in New Zealand is facing deportation of their 5-year-old son, Aidhan, who has autism spectrum disorder and global developmental delay, due to new immigration rules.
- The family’s application for a medical waiver was declined, and their appeal to the Associate Immigration Minister was also rejected.
- The community is rallying around the family, with over 4,000 people signing a petition and a rally held in support.
- Immigration NZ says that health rules must be consistent and that applicants who are likely to impose significant costs on health and education services cannot be granted a waiver.
- The family is seeking a discretionary route to stay in the country, with a Section 61 request currently being reviewed.
Introduction to the Family’s Situation
The story of Mankeel, a nurse who moved to New Zealand from India in January 2024, and his family, has sparked widespread concern and outrage. Mankeel’s 5-year-old son, Aidhan, has autism spectrum disorder and global developmental delay, and due to new immigration rules, the family is facing the possibility of deportation. Mankeel’s job as an elder care nurse is on Tier 1 of the Immigration New Zealand (INZ) Green List, and he applied for the straight-to-residence pathway, listing his family members as secondary applicants. However, INZ sought more information about Aidhan’s condition, leading to a diagnosis of autism spectrum disorder and global developmental delay.
The Application Process and Rejection
The family’s application for a medical waiver was declined, and they were told that all three visas would be declined unless Mankeel withdrew Aidhan’s name and applied separately for a different visa category. Mankeel did so, and his and his wife’s visas were approved in June, while Aidhan’s application for a new visitor visa was declined in July. INZ found that Aidhan was likely to impose significant costs or demands on health and education services, which under new rules introduced in March, meant he could not be granted a visa. The family’s appeal to the independent Immigration and Protection Tribunal was not accepted, and their appeal to Associate Immigration Minister Chris Penk was also declined.
Community Support and Outrage
The community has rallied around the family, with over 4,000 people signing a petition and a rally held in support. Nelson MP Rachel Boyack has been vocal in her support for the family, describing the situation as "deeply unfair." She has received countless emails from people who work alongside Mankeel, were cared for by him, or are family members of people he cared for in their final days, all of whom speak highly of his work as a nurse. Boyack has said that the community will continue fighting for Aidhan and that deporting him would be a "massive loss" for Nelson.
Immigration NZ’s Response
INZ deputy chief operating officer Jeannie Melville has said 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 acknowledged the concerns raised by the family, local representatives, and community members but has stated that immigration decisions must be made in line with the Immigration Act and associated instructions. Melville has said that the granting of residence to Mankeel and his wife was based on the critical need for healthcare professionals in New Zealand, as reflected by their inclusion in Tier 1 of the Green List.
The Family’s Future
Mankeel has said that he and his wife have given up everything to make Nelson their home and that deporting Aidhan would be like "cutting off my arm." He has expressed his gratitude for the support from the community, saying that it has given him the energy to push forward. The family is currently seeking a discretionary route to stay in the country, with a Section 61 request currently being reviewed by INZ. If approved, it could restore Aidhan’s lawful status, and the agency has said that it will not take any compliance action while it assesses the request. The family is praying and hoping for the best, and the community continues to rally around them in support.
