Fijian father of two granted residency by immigration watchdog due to deteriorating health

The man, not pictured, has paid for his own medical care in New Zealand. Stock image. Photo / 123RF

A young Fijian father on dialysis for end-stage kidney disease has been granted residency by an immigration watchdog, despite his working visa expiring in December.

The 32-year-old, known only as IS in a recent decision from the Immigration and Protection Tribunal, has been granted a resident visa after he appealed previous failed attempts to stay in the country permanently.

He lodged two appeals with the tribunal in November and December 2022, when he was facing deportation back to Fiji.

IS argued he and his family would suffer financial and medical hardship if he was deported, appealing the decision of Immigration New Zealand which declined his application for residency last year.

His application fell short because of his serious, and unexpected decline in health.

The recent decision addressed the appeal lodged on a humanitarian basis by IS, a former member of the Fijian Military Forces, as his ability to work as a builder was compromised by his deteriorating health.

However, he will now be able to stay in the country after it was ruled by the tribunal deportation would be unduly harsh and not in the public interest.

“The Tribunal finds that there are exceptional humanitarian circumstances in the appellant’s case,” the decision said.

“The health consequences for the appellant from deportation are significant... the Tribunal finds it would be unjust or unduly harsh for the appellant to be deported from New Zealand.”

The tribunal noted his wife, who works as a teacher, and his children are New Zealand citizens and IS said work prospects for the family and financial opportunities were limited in Fiji.

Medical assistance for IS and his condition, which he has paid over $100,000 towards in New Zealand, wouldn’t be optimal in his home country and the young father would suffer undue hardship if he was deported.

When IS came to New Zealand around five years ago he was a healthy young man who didn’t know he would suffer from a debilitating and life-threatening disease.

Since that time he has held valid visas, for both visiting and working, but when his health declined, he couldn’t continue work in a field he was skilled in.

His period of living unlawfully in the country has been brief, the decision said.

His work in New Zealand as a builder helped support his widowed mother back home in Fiji, who relied on IS for financial support as she and IS’s family are “only just managing to make ends meat”.

The tribunal said IS had a strong “family nexus” in New Zealand, and he and his wife are well-established in a country they make valued contributions through employment.

It is also in the best interests for IS’s children, aged two and four, that their father has access to necessary health treatments, as certain dialysis is difficult to access in Fiji and kidney transplants are not available.

IS will be on dialysis for the rest of his life, a service that he currently pays for privately, and according to the decision has cost him and his wife more than $100,000.

“It can therefore be seen that a transition to Fiji, and to the healthcare system in Fiji, would present significant challenges to this appellant,” the decision said.

“Despite the appellant’s ability to receive some treatment in Fiji, the Tribunal accepts that he would benefit from being able to remain in New Zealand.”

Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.