We, the undersigned, urgently request:
1. That you grant a health requirement exemption for six-year-old Luandré Geldenhuys, allowing him to remain lawfully in New Zealand with his family.
2. That you review the Acceptable Standard of Health (ASH) policy to align with New Zealand’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ensuring that disabled people are not discriminated against in immigration decisions.
________________________________________
Background:
Luandré Geldenhuys, a six-year-old child with Down syndrome, has been denied a student visa due to Immigration New Zealand’s (INZ) assessment that he does not meet the ASH requirements. This decision places his family in an untenable position and is inconsistent with New Zealand’s commitments to human rights and disability inclusion.
Luandré’s parents, Ruan and Sonandi Geldenhuys, made the difficult decision to leave South Africa due to political and social instability. They arrived in New Zealand in 2024 after Ruan secured employment as an IT Technician, a role that is critical to New Zealand’s infrastructure sector. While Ruan, Sonandi, and their younger son Lihan have all been granted appropriate visas, Luandré’s application was denied solely based on his disability.
This decision is deeply unjust and discriminatory, contradicting the principles of the UNCRPD, to which New Zealand is a signatory. Luandré is a happy, engaged, and well-integrated child whose presence in New Zealand does not impose undue costs on the health or education system. His school has attested to his positive contributions and his ability to meet age-appropriate milestones.
________________________________________
The Impact of the Decision:
• Legal and Immigration Precarity: Luandré was given only 21 days to leave the country following his visa decline, a timeframe that was impossible for his family to comply with. As a result, he has been unlawfully present since January 2025, creating extreme stress for the entire family.
• Severe Financial Hardship: The family sold all their assets in South Africa to move to New Zealand, exhausting their life savings. With Sonandi now unable to work due to Luandré’s visa status, they are struggling financially.
• Disruption to a Child’s Life and Wellbeing: Denying Luandré the right to remain and attend kindergarten isolates him from his peers and disrupts his development. It is an inhumane consequence of a policy that should prioritise inclusion and equity.
• Contradiction with New Zealand’s Commitment to Disability Rights: The UNCRPD explicitly prohibits discrimination on the basis of disability, including in migration policies. New Zealand’s ASH policy, in its current form, directly contradicts these obligations.
________________________________________
Our Requests:
1. Immediate Action: Exercise ministerial discretion under the Immigration Act 2009 to grant Luandré a Dependent Child Student Visa, allowing him to remain lawfully in New Zealand with his family.
2. Long-Term Policy Review: Commit to reviewing the ASH policy to ensure that it does not discriminate against disabled people and aligns with New Zealand’s human rights commitments under the UNCRPD.
New Zealand prides itself on being an inclusive and compassionate country. It is imperative that our immigration policies reflect these values. Luandré deserves the same rights and opportunities as any other child. We urge you to act with urgency and compassion.