The Geldenhuys family plans to seek ministerial intervention, arguing the policy is discriminatory.
The 6-year-old child of a South African couple living in Waikato is being threatened with deportation because he has Down syndrome – a move his parents say is “heartbreaking” and “discriminatory”.
Sonandi and Ruan Geldenhuys’ son Luandre had his student visa declined despite his 2-year-old brother – who doesn’thave the genetic condition and isn’t at school yet – being given a visa by immigration officials.
Ruan Geldenhuys told the Herald it feels like decision makers have decided his son is too much of a burden to be allowed to remain in New Zealand.
Ruan’s wife, Sonandi, agreed, saying her son’s diagnosis appeared to have been the only factor considered in the decision.
“Someone is sitting there stating that he’s not as good as his brother, just based on paper. They [immigration officials] haven’t met him, they haven’t seen him,” she said.
Parents Ruan (Left) and Sonandi Geldenhuys (Right) with sons Lihan and Luandre. 4 April 2025 NZME photograph by Cameron Pitney.
The family, who moved to Hamilton from South Africa last year, found out on March 17 that a request for special consideration of Luandre’s case had been rejected – the same day Immigration Minister Erica Stanford announced changes to the rules for children of temporary migrants.
“From 17 March, dependent children of temporary visa holders will no longer be eligible for student and visitor visas if they have a severe cognitive or development disorder that requires significant support,” she said in a press statement.
Immigration Minister Erica Stanford announced new rules for children of temporary migrants on March 17.
Stanford’s rationale for the change was because of a “spike” in children of migrants with learning difficulties being enrolled in schools, which she said was putting “significant strain” on the education system.
It really hits a person in the gut
Ruan, who works fulltime as an information technology specialist in Auckland’s Albany, said they offered to help pay for educational assistance for their son, but this failed to sway officials.
He doesn’t think it’s right to blame an under-resourced education system for a policy that targets children with disabilities.
Luandre Geldenhuys and his family are facing the prospect of having to pack up and leave New Zealand after Immigration New Zealand officials declined to give the 6-year-old a student visa.
Ruan said there were “mixed messages” from decision makers given the Education Ministry had so far been helpful and provided Luandre with an early intervention teacher at preschool months earlier than anticipated.
“On one hand you’re saying that the education system is overwhelmed, but on the other, the education department came and said, no problem, we’ll help.”
‘Blatant discrimination’
Luandre's parents say he is more than a diagnosis, Down syndrome does not define him, and he deserves a chance.
The minister’s rule change was announced just four days before World Down Syndrome Day, which aims to celebrate people born with three copies of chromosome 21 instead of two – which is known as trisomy 21 or Down syndrome.
Ruan said the timing was terrible.
“It was a slap in the face to hear the minister actually change the rules to make it so hard for anybody with a disability to stand a chance of getting a visa in this country,” he said.
He said celebrations were “rained down on” by the announcement.
In 2022, the United Nations (UN) committee which oversees the rights of people with disabilities criticised New Zealand’s treatment of immigrants with disabilities and pushed for reforms.
“The committee is concerned about the acceptable standard of health requirements applied under the immigration rules of New Zealand, which allow for discrimination in practice against persons with disabilities in immigration,” the UN’s 2022 report said.
The acceptable standard of health or ASH is criteria Immigration New Zealand uses when assessing visa applications.
Juliana Carvalho is an author, public speaker and disability rights advocate.
Disability rights adviser Juliana Carvalho accused the Government of ignoring the UN’s 2022 warnings and recommendations.
“By tightening health and education requirements for temporary visa holders, the Government is ignoring these [UN] recommendations and doubling down on its violation of rights,” she said.
When announcing the changes, Stanford argued it would improve transparency and fairness in immigration decisions because the old system allowed a child with significant additional needs to be granted a temporary visa only to later find out they can’t get residency.
“This policy unfairly blames migrant families and their disabled children for the failures of an underfunded education system. It misuses the idea of ‘transparency’ to justify blatant discrimination,” Carvalho said.
Stanford did not answer questions from the Herald about whether the Government’s policy worsens New Zealand’s position with the UN.
Instead, in a statement, a spokesman said the minister could not comment on individual cases and reiterated that support for children with additional needs is “significantly oversubscribed” and there are “long waitlists”.
The spokesman said it was “entirely appropriate” to make the changes so the education system could respond to the needs of New Zealand children.
Ruan Geldenhuys felt while his son had been unfairly targeted, the rules had implications for many families.
“We’ve got firsthand experience of the discrimination against technically anybody with disabilities. We felt like instead of helping, they’ve actually completely closed [the door] on anybody with any type of disability. That’s just so unfair.”
The Geldenhuys family has not given up the dream of remaining in New Zealand and will seek formal ministerial intervention.
Sonandi said the family “don’t want to just take from New Zealand” and like her husband she planned to gain employment as soon as Luandre could get a student visa which would allow him to start school.
“Luandre is more than a diagnosis. Down syndrome does not define him. He deserves a chance,” she said.
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.
