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New Zealand Immigration News​

Immigration NZ made 'serious error'

27/10/2017

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Immigration Trust, Immigration NZ made an error, www.immigrationtrust.co.nz
Immigration NZ made 'serious error' in denying autistic Bangladeshi boy residency, tribunal rules
Immigration New Zealand made a mistake when it denied an autistic six-year-old boy from Bangladesh residency with his family, a tribunal has ruled.
A "serious procedural error" meant the severity of the boy's autism — the reason his application was rejected — may have been overstated, the Immigration and Protection Tribunal found in March.
Documents released today showed that while one medical assessor had deemed the child likely to be a financial burden on New Zealand's education system, a paediatrician and a paediatric neurologist who evaluated his disorder after the ruling said the boy was high functioning with no more "significant health needs" than other children his age.
Tribunal member Sharon Pearson cancelled Immigration NZ's decision to deny the boy a visa as it had failed to take into account the second medical opinion required by law for such cases.

​The boy arrived in New Zealand in 2012 on a visitor visa as the dependant of his work visa-holding mother. 
He had been receiving Ministry of Education funding to attend a school for children with special needs since 2015. That the boy could have been eligible for this $15,000 per year until he was 21 implied he "was likely to impose significant costs and/or demands on New Zealand's education services," according to Immigration New Zealand.
His application for residency was denied in 2016 due to the medical assessor's opinion that he lacked "an acceptable standard of health" and would therefore require the extra government funding.
The boy's parents appealed the decision armed with medical opinions contesting the boy's prognosis.
A paediatrician's report said the child had in fact been diagnosed with "high functioning autism spectrum disorder" with no evidence of intellectual disability, and that he had shown "encouraging" progress at school.

"It was not anticipated that he would have any significant health needs compared to other children his age," the report read.
A paediatric neurologist noted that "individuals with high functioning autism do progress well and often do not need any medical, neurological, or pharmaceutical input".
The tribunal ruled that Immigration NZ would have to conduct a fresh assessment of the boy's autism — taking into account more than one medical assessor's view — to ensure a "fair and proper process" in determining his eligibility for residency.

​To read the actual article, check here.
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  • Home
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    • Chinese
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    • Executive Team >
      • Founder & CEO
      • Principal Consultant Lawyer
      • Client Manager
      • Office Manager
      • Intern
    • Specialist Team >
      • Professor Siah Ang
      • Fay Nie
    • Advisory Board >
      • Ming Lim-Pollard
      • Edwin Paul
      • Prabha Ravi QSM JP
      • Shan Ng
      • Amit Prasad
      • Dr Sarkaw Mohammad
      • Fang Yang
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      • INZ1111-Visitor Visa Application for Auckland Region Applicants
      • INZ1189-Tourist Business Visitor Visa Application
      • INZ1172-Temporary Retirement Category Visitor Visa Application
      • INZ1205-Additional Dependants for a Visitor Visa
      • INZ1083-Guide for Visitors Arriving by Yacht
      • INZ1021-Group Visa Application
      • INZ1022-Additional Group Visa Application
      • INZ1025-Sponsorship Form for Temporary Entry
      • INZ1019-Transit Visa Application
      • INZ1155-Group Transit Application
      • INZ1156-Additional Group Transit Application
      • INZ1027-Supplementary Form 补充表
      • INZ1188-China Tourist Visitor Visa Application
      • INZ1220-Supplementary Form
      • INZ1177-Military Visa Application
      • INZ1012-Student Visa Application
      • INZ1014-Financial Undertaking for a Student
      • INZ1217-Verpflichtungserklärung über die finanzielle Unterstützung eines Studenten/Schülers Financial Undertaking for a Student
      • INZ1146-Form for Partners Supporting Partnership-Based Temporary Entry Applications
      • INZ1015-Work Visa Application
      • INZ1020-Application for a Variation of Conditions or a Variation of Travel Conditions
      • INZ1223-Working Holiday Scheme Second Work Visa Application
      • INZ1187-Performing Artists, Entertainers and Entertainment Industry Personnel Work Visa Application
      • INZ1113-Employer Supplementary Form
      • INZ1091-Talent (Arts, Culture and Sports) Sponsorship Form
      • INZ1190-Sponsorship Form for Religious Workers
      • INZ1198-Partnership-Based Temporary Visa Application
      • INZ1158-Work Visa Application for China Skilled Work Instructions
      • INZ1204-Request for Approval in Principle to Recruit Foreign Crew of Fishing Vessels
      • INZ1153-SSE/WHE Work Visa Application
      • INZ1212-Formal Notification of Crew Deserter
      • INZ1142-Application to Work for a Recognised Seasonal Employer
      • INZ1090-Employer Accreditation Application
      • INZ1112-Request for Approval in Principle
      • INZ1140-Application for Recognised Seasonal Employer Status
      • INZ1167-Supplementary Seasonal Employment Approval in Principle
      • INZ1178-Partnership Support Form for Residence
      • INZ1141-Application for an Agreement to Recruit
      • INZ1197-Entertainment Industry Accreditation Application
      • INZ1227-Labour Hire Employer Accreditation Application
      • INZ1000-Residence Application
      • INZ1000-Online Fillable Form
      • INZ1202-Parent Category Expression of Interest Form
      • INZ1206-Parent Category Residence Application
      • INZ1024-Sponsorship Form For Residence
      • INZ1100-​Expression of Interest Form
      • INZ1094-Refugee Family Support Category Tier One Sponsor Registration Form
      • INZ1103-​Expression of Interest Form Child Supplement
      • INZ1170-Parent Retirement Category Residence Application
      • INZ1192-Refugee Family Support Category Tier Two Sponsor Registration Form
      • INZ1175-Application from a Resident or Former Resident Visa Holder
      • INZ1001-Additional Dependants for Residence in New Zealand
      • INZ1115-Skilled Migrant Category Application for Residence
      • INZ1222-Entrepreneur Work Visa Application
      • INZ1056-Entrepreneur Residence Application
      • INZ 1242-Partner and Child Resident Visa Declaration Form
      • INZ 1241-Partner and Child Temporary Visa Declaration Form
    • New Zealand Immigration Guides >
      • INZ 1199 Partnership-Based Temporary Visa Guide
      • INZ1016 Work Visa Guide
    • New Zealand Visa Applications Fee
    • Exceptions to NZ border closure
    • New Zealand Visa Processing Time
    • New Zealand Visa Prevent Delays
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    • Visa Photos
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    • Section 61 More examples3
    • Section 61 More examples2
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