Reprieve for terminally ill overstayer

Tan Tee Boon is concerned about what will happen to his children, Serena, 13, and Daniel, 15. Photo / Greg Bowker

Immigration NZ is considering giving a dying overstayer a reprieve from deportation after being told it would be "high risk" to remove him in his current state of health.

Tan Tee Boon, a Malaysian baker who has been in New Zealand since 2003, was denied a renewal of his work visa last December after he was diagnosed with liver cancer.

Mr Tan's son Daniel, 15, and daughter Serena, 13, are waiting to return to school after being told that a Ministry of Education rule meant they had to be unlawfully in New Zealand for six months before they could be enrolled.

Last week, Mr Tan was served a deportation notice by Immigration NZ that said he had "no right to appeal" the decision because all his appeal rights had expired or been exhausted, and that he faced possible arrest and detention.

But Auckland City Hospital surgeon Adam Bartlett said the overstayer was not fit to travel.

"It would be my opinion that he would be high risk to travel back to Asia in his current state," Dr Bartlett said in a letter to Immigration NZ.

Yesterday, an Immigration spokesman said it was reconsidering itsdecision.

He said Mr Tan's applications for a further visa were refused because his medical conditions meant he was not of an acceptable standard of health.

Despite his family having paid all his medical bills, medical advice showed that Mr Tan was still likely to impose significant costs and demands on New Zealand's health services, the spokesman added.

A doctor treating Mr Tan gave him between six and 24 months to live, but Mr Tan said he was worried more for the future of his children.

"Since I was told I had cancer, it's like the lives of everyone in the family has been put on hold," he said.

"I am still hoping that there will be a school that would enrol my kids, because I don't want their future to be in jeopardy because they have to take care of themselves and their mother after I am gone."

The Labour MP for Mangere, Sua William Sio, said that from the number of people being deported it was evident that Immigration NZ was actively seeking overstayers to deport.

Last year, 1964 overstayers left the country, up from 1856 the previous year and 1542 under a Labour government in 2007.

But Immigration NZ head Nigel Bickle said the increase was because of a higher number of "voluntary departures" rather than overstayers being removed or deported.

Of those who left last year, 1141 did so voluntarily.

The 2009 voluntary figure was 1313, and in 2007 it was 749.

Mr Bickle said future visa applications made by overstayers who departed voluntarily and at their own cost might be viewed more favourably than cases where people had been deported.