NZ-born toddler denied visa despite severe brain injury and faces risk of unlawful status

A New Zealand-born Tongan toddler with a severe acquired brain injury is at risk of losing his lawful status in the country after Immigration New Zealand (INZ) declined his visa application.

This is despite both parents and siblings holding valid visas in Aotearoa.

Born healthy in September 2023, Jonathan Ta’eiloa became critically unwell a year later.

After twice being sent home from a GP and a hospital with a diagnosis of a cold, his mother, Kalolaine Ta’eiloa, returned to Middlemore Hospital a second time seeking further tests.

“I was trying everything, but he wasn’t improving,” Kalolaine told PMN News.

During this visit, a nurse monitored Jonathan’s oxygen levels and immediately activated the emergency bell. He was then transferred to Starship Hospital’s paediatric ICU, where he required intensive life support.

Jonathan and younger twin brother William. Photo/Supplied

Jonathan suffered ongoing complications that led to over a year in hospital, multiple brain surgeries, and a feeding tube insertion. He now requires ongoing specialist and multi-disciplinary care to survive.

Despite Jonathan’s medical care being funded by ACC as a treatment injury and a Te Whatu Ora clinician supporting the visa application due to his need for New Zealand-based specialist care, INZ declined his visa.

His mother says the family has been left shocked and frustrated by the refusal.

Parents, Kalolaine and Viliami Ta'eiloa with their twins, Jonathan and William. Photo/Supplied

She says the family has spent over $5000 on legal fees, given every medical record and report from Tonga’s Ministry of Health and Te Whatu Ora.

The family’s other children, Samson, aged 6, JJ, 3, and William, 2, all have valid visas, and both parents hold work visas valid until 2028. But Jonathan's current visa will end on Saturday.

Kalolaine says the family was told that it was going to cost a lot for the taxpayers in New Zealand.

According to Dominic Forde, Operations Director at INZ, on 7 July 2025 they received a Visitor Visa – Dependent of a Worker application for Jonathan that was was declined on 22 January 2026.

"Jonathan’s application was declined as he has significant health conditions and is likely to impose significant costs or demands on New Zealand’s health services," Forde says.

Jonathan and his three brothers. While his parents and brothers all hold valid visas, his visa application has been declined. Photo/Supplied

He says applicants assessed as likely to impose significant costs or demands on health services cannot be granted a medical waiver, regardless of family circumstances or occupation.

“These requirements are designed to balance individual cases with the sustainability of New Zealand’s health system, which are under increasing pressure,” he says.

The family now has the last-resort option of submitting a Section 61 request, which allows Immigration New Zealand to grant a visa to someone who is already unlawfully in the country.

If a visa is granted, Jonathan's lawful status would be restored. But INZ is not required to consider the request, and if it is refused, there is no legal right of appeal.

“We recognise this is a difficult outcome for the family and will continue to engage with them to manage the process compassionately,” Forde says.

Jonathan Ta'eiloa is now recovering after surgery earlier this month.

The Ta’eiloa family say they have not yet filed this request and the child’s current visa expires on 14 February 2026.

After that, he could be classified as unlawful, which would leave the family in a legal limbo while he continues to need critical care. “They [INZ] said it’s going to cost a lot to the taxpayers in New Zealand,” Kalolaine says.

Meanwhile, the family has launched a Givealittle page to help cover expenses, raising nearly $20,000 as they continue to support Jonathan at home with ongoing therapy, hospital visits, and care.

Kalolaine says she hopes their story will draw public attention to what she calls a “broken system” and push INZ to reconsider policies that put vulnerable children at risk.

Immigration New Zealand declined the toddler’s dependent visa application under immigration health requirements. Photo/Supplied