Indian family of autistic boy denied residency due to education funding ‘burden’

The boy receives high-needs special education funding required by about 1 per cent of the school population. Photo / 123rf

A family has been denied residency in New Zealand because their 7-year-old son has autism spectrum disorder.

The Immigration and Protection Tribunal said the father was making an important contribution as a software development trainer but this was outweighed by the “significant burden” his son’s condition presented to education services.

The Indian family of four - the couple, both 33, and their two sons aged 7 and 2 - arrived in New Zealand in December 2019.

The man was on an essential skills work visa and applied for residence in 2020 and again in 2021 for the whole family.

In 2022, Immigration New Zealand declined the application because their elder son, identified as AA, did not have an acceptable standard of health and was not eligible for a medical waiver.

The 7-year-old had autism spectrum disorder and was assessed by a paediatrician as functioning below his age in terms of his cognitive ability, language, social skills, and personal well-being.

He was still toilet-training and was approved for Ongoing Resourcing Scheme (ORS) funding, which was currently required by about 1 per cent of the school population.

Education Ministry records showed AA met funding criteria at the “very high needs” level and would remain in ORS for all his school years.

The tribunal decision referenced media reports saying ORS was in high demand, and more than a third of applying students were rejected every year.

Medical experts quoted in the decision said it was difficult to predict AA’s long-term outcomes.

One paediatrician said the child was improving in school and his chances of independence in adulthood would be clearer in the next two to three years.

However, another said he was likely to still require disability support when he turned 20.

The tribunal found Immigration New Zealand was correct to decline the family’s residence application, and there were no special circumstances that warranted an exception.

Regardless of some improvements, AA presented as needing intensive and one-on-one assistance in a learning environment, supporting the view that he needed fulltime care, it said in the decision dated March 20, 2023.

The couple’s parents lived in India and there was no evidence to suggest the family would be unable to transition successfully to life in India again after just over three years in New Zealand.

Support for AA in New Zealand with ORS funding until age 21 might exceed the support available in India, the tribunal said, but a level of support was available.

“He is still young, there are autism support services available and he will have the benefit of the extended family connections in India,” the decision read.

The tribunal said the man’s contribution to New Zealand through his work as a software development trainer - a role his employer has had difficulty recruiting for - was a strong positive factor.

But this was outweighed by the potential burden his elder son presented to education services through funding he required at the very high needs level.