Luandre, who also entered the country on a visitor visa, was subsequently denied a student visa despite his younger brother Lihan receiving one.
Penk has turned down their request for ministerial intervention in the case, telling the couple that Luandre needs to “depart as soon as possible”, and his case has now been referred to Immigration New Zealand’s compliance and investigations branch.
The minister chose not to give the family his reasons for not intervening, citing a section of the Immigration Act that says it’s not a requirement to do so.
His decision follows a government rule change last March for migrant children with learning difficulties. It meant that dependent children of temporary visa holders would no longer be eligible for student and visitor visas if they had a severe cognitive or developmental disorder requiring significant support.
At the time, Immigration Minister Erica Stanford said a “spike” in enrolments of high-needs children at schools was putting a “significant strain” on learning support services, and that New Zealand children needing help were missing out.
Sonandi Geldenhuys said Luandre’s teacher aide had been willing and able to help him, and she wasn’t aware of other children being deprived because of his needs.
Associate Immigration Minister Chris Penk has declined to intervene in Luandre’s case. Photo / Annaleise Shortland
“Did he [Penk] actually take the time to read about this little boy with his family in New Zealand?” she said.
Penk has confirmed he did. “I personally reviewed the request and carefully considered all the information put forward,” he told the Herald.
Ruan Geldenhuys said he felt “confused and angry” about the lack of explanation for the decision. “When we received this decline, we weren’t told why,” he said.
Penk acknowledged that the family not receiving a detailed explanation might be frustrating, but noted the Immigration Act gives him “absolute discretion”.
“This means the minister of the time may choose to intervene in certain cases but is not obliged to do so, nor to provide reasons for a decision,” he said.
Despite Penk instructing Luandre to leave, Sonandi and Ruan say they aren’t packing their bags just yet – they’re seeking advice from lawyers and advocates.
“We really want to do absolutely everything we can to stay,” Ruan said.
His parents and sister have all settled in New Zealand, and being forced to return to South Africa would be devastating.
“There’s nothing to go back to,” he said.
‘No child should ever be a burden’
Disability rights advocate Juliana Carvalho is scathing about the decision.
“It’s like trying to erase from the fabric of society different kinds of people. It’s a ban on people with disabilities. It makes me very upset,” she told the Herald, noting that Luandre’s parents and his younger brother had all been given visas.
Carvalho co-founded Migrants Against the Acceptable Standard of Health Aotearoa (Maasha) – a group campaigning to abolish health-related discrimination in immigration.
Immigration NZ’s acceptable standard of health policy is intended to ensure those applying for visas don’t pose significant costs or demands on the country’s health and education systems.
Juliana Carvalho, who lives in Tauranga, is scathing about the minister’s rejection of Luandre’s application for intervention. Photo / Megan Wilson
Carvalho believes the decision shows Luandre’s disability is undesirable to the Government.
She questioned how a country supporting United Nations conventions on the rights of disabled people could reject the family’s application. “It’s shocking,” she told the Herald.
Ruan said it was frustrating his son wasn’t being given a chance to contribute to New Zealand. “No child should ever be considered a burden.”
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.