Immigration reassesses toddler's declined visa request as Children's Commissioner steps in

Immigration New Zealand (INZ) is reassessing its decision to decline the visa application of critically-ill Tongan toddler Jonathan Ta’eiloa.

Jonathan, born in New Zealand in September 2023, lost his lawful status after his visa application was declined last month on health grounds despite both of his parents and siblings holding valid visas.

In a statement to PMN News, INZ operations director Dominic Forde confirmed the department is reviewing the case.

“We are in the process of reassessing his case, acknowledging that his circumstances are challenging,” Forde says.

INZ said it has contacted the family’s representative and confirmed it has been approached by the Children’s Commissioner regarding its approach to cases involving children with significant health conditions.

“We recognise that this is an incredibly distressing situation for Jonathan and his family, and will continue to work with them in a compassionate and considered manner,” Forde said.

Listen to Jonathan Ta'eiloa's story below.

It is not yet clear whether Jonathan currently holds a valid visa or interim immigration status while the reassessment is underway.

Jonathan is back in hospital after undergoing his seventh brain surgery earlier this month, according to a family spokesperson.

He has required multiple surgeries and specialist care since becoming critically unwell in 2024, after being born healthy.

Jonathan (left) with his older twin William. Photo/Supplied

He spent more than a year in hospital and now relies on ongoing specialist and multi-disciplinary treatment to survive, including a feeding tube.

Last week, PMN News reported that Jonathan’s visa application, lodged in July 2025, was declined in January 2026. Immigration New Zealand said at the time the decision was based on his significant health condition and the likelihood he would impose substantial costs or demands on New Zealand’s health services.

His medical care has been funded by ACC as a treatment injury, and a Te Whatu Ora clinician had supported the visa application on the basis that he requires New Zealand-based specialist care.

The case has drawn the attention of Children’s Commissioner, Dr Claire Achmad, who says she is seeking further clarity from immigration officials.

“Like other children in our country, Jonathan has the right to thrive and be healthy, to receive the medical care he needs, and to be cared for by his own family,” Achmad says. “I have let Immigration New Zealand know I am concerned by Jonathan’s situation. I have asked Immigration New Zealand to help me understand how Jonathan’s circumstances have been assessed to ensure his rights and best interests are at the centre of their decision-making.”

Under the United Nations Convention on the Rights of the Child, to which New Zealand is a signatory, a child’s best interests must be a primary consideration in decisions affecting them.

Children's Commissioner Dr Claire Achmad. Photo/Supplied

Meanwhile, Te Whatu Ora/Health New Zealand has responded to concerns previously raised by the family about Jonathan’s medical treatment in 2024.

In a statement, Dr Richard Matsas, Clinical Director at KIDZ First Counties Manukau, says the agency has “full confidence” in the specialist care provided and that an internal review found Jonathan’s pneumothorax was likely the result of severe pneumonia, not a central line access attempt.

He said Te Whatu Ora met the family at the time and again in February 2025 to share the findings, in line with its usual practice of open disclosure over the potential adverse events.

Clinical Director at KIDZ First Counties Manukau, Dr Richard Matsas. Photo/Screenshot/Breakfast

Jonathan’s family say they remain focussed on his recovery in hospital as immigration authorities reconsider the decision that could determine whether he can continue to access the specialist care he needs in New Zealand.

“This is their normal day-to-day life,” a family spokesperson says. “However, the family are deeply thankful for the compassion and support they have received from the community, medical team and those advocating for them. Right now, their focus is on being with Jonathan and getting him through this hospital stay.”