Immigration grants visa to injured NZ-born toddler after review

Immigration New Zealand (INZ) has granted a two-year visitor visa to a New Zealand-born toddler with a severe brain injury, reversing an earlier decision that left him at risk of becoming unlawful.

In a statement to PMN News, INZ operations director Dominic Forde acknowledged the initial assessment did not fully consider key factors including that Jonathan Ta’eiloa’s treatment is funded through ACC.

“We acknowledge this has been a difficult situation for the client and his family and apologise for the upset this has caused,” Forde said.

“The initial decline of the temporary visa focused on the severity of the health condition and did not fully consider the broader circumstances, including the ACC-funded support.”

Following further review, INZ said Jonathan’s case received the “careful and balanced consideration required.”

He has now been granted a visitor visa in line with his parents’ visas, allowing him to remain in New Zealand and continue accessing essential treatment during their stay.

Jonathan pictured with his older twin brother William before becoming unwell. Photo/Supplied

“We remain committed to applying immigration instructions fairly while recognising exceptional circumstances where appropriate,” Forde says.

Jonathan was born healthy in New Zealand in September 2023 but became critically unwell about a year later.

He has undergone multiple surgeries and now relies on ongoing specialist and multi-disciplinary care including the use of a feeding tube.

Jonathan pictured with his grandfather. Photo/Supplied

According to a family spokesperson, Jonathan is now in hospital again, after being discharged earlier this month following his seventh brain surgery..

The spokesperson says the family is grateful he can remain in New Zealand but expressed disappointment that he was granted only a temporary visa.

“A visitor visa does not provide the long-term stability our family needs, and we will continue to fight for the residency he deserves so he can safely receive the care he needs,” the spokesperson says.

Jonathan’s visa application was declined last month on health grounds, despite both of his parents and siblings holding valid visas.

The case drew national attention and prompted intervention from the Children’s Commissioner.

The Green Party’s immigration spokesperson, Ricardo Menéndez March, says while the new visa offers temporary relief, uncertainty remains.

Listen to Jonathan Ta'eiloa's story below.

“It's a shame that so many migrants feel like the only way to get an outcome and in particular acknowledge that Immigration New Zealand didn't look at the broader range of circumstances, is by having to go to the media,” he says.

March says he would write to Associate Immigration Minister Chris Penk seeking a more permanent solution for the family.

“We need an immigration system that upholds people's dignity and does not make people feel like the only way to get a positive outcome when they've been failed by the immigration system and the health system is through having to put yourself in a vulnerable situation.”

As debate continues over immigration health requirements, Jonathan’s case has highlighted the challenges migrant families can face when serious medical issues interact with visa rules.

For now, the new visa means Jonathan can remain in Aotearoa and continue receiving treatment he depends on but questions about his long-term status remain unresolved.

The family has launched a Givealittle page to help cover mounting costs, raising nearly $25,000 as they continue to support Jonathan’s ongoing therapy, hospital visits and daily care.