Victims

Boy George and his clan left us with this haunting melody in December 1983 as they described the turmoil inside the band over failed relationships. Another failed relationship recently has been between New Zealand Immigration and a young Fijian chap called Sanil Kumar. This 30 year old was recently deported from New Zealand after our system refused to let him stay due to the cost of his ongoing dialysis. Fiji does not perform  kidney transplants, whilst New Zealand does. Quite understandably Mr Kumar and his family wanted him to stay here as a dialysis patient as he waited on the transplant list. Unfortunately he died this week in a Fiji hospital due to an infection, less than a month after his forced deportation.

I too was similarly refused a residency  permit after 2 years of working in New Zealand, and my work permit application immediately cancelled. Not because of my diabetes, but because of the likelihood of renal failure brought on by the diabetes. The process involved four long frustrating and anxious years of medical tests, medical conjecture, policy debate and expert testimony After a judicial review and the intervention of a senior MP my case was referred back to Immigration and I was given residency. 

Whilst there have been tweaks and minor changes in policy, basically the same rule applies. If you cost the country more than $25,000 in the course of your treatment then your visa application will be declined and you must exit the country or face deportation. Once all appeals have been exhausted, applicants have the right to apply to the Minister of Immigration for a discretionary waiver of policy. In Mr Kumar's case the minister, Nikki Kaye  MP (National, Auckland Central) made the decision that he could not stay in NZ as dialysis is available in Fiji. 

"Immigration decisions involving health conditions were complex and involved consideration of a range of factors.

"That's why I give careful and thorough consideration to a range of factors and often seek additional advice as I did from health agencies in this instance."

However she managed to ignore the advice that Fiji only funds three months of treatment and patients end up dying of infection or complete renal failure.

Whilst rigid structures are in place to ensure that health systems are not abused or subject to unreasonable burden, the Minister is included in the process to intervene with human wisdom, where compassion and oversight might mean the difference between life and death. 

If the minister is going to ignore her humanitarian role in the process, and adhere to policy, then civilised society as a whole is undermined. Today Mr Kumar, tomorrow the new girlfriend or boyfriend of your child, the overseas cousin, grandparent, or friend who wants to move to New Zealand, but develops or is likely to suffer from a potentially expensive condition, defect or disease.. 

 If that is to be the case then we are all victims

Sanil Kumar 1983-2014