Minister may review HIV migrant case
United States man Michael Zierler had been living and working in New Zealand for more than six years when he received the diagnosis he was HIV positive.
At the time he was in the process of gathering documents to apply for residency. He said he met all the requirements and had the right number of points.
Zierler said he then learned he was no longer eligible to gain residency. ‘‘Work visas also went out the window. At the time I had 752 days left on my visa.’’
Without a stroke of luck, he would be on the plane back to the US, via Australia, in March next year, he said.
Zierler said he had contacted about a dozen politicians since the start of November, including the Health Minister, Immigration Minister, Labour’s rainbow MPs, and even former prime minister Helen Clark, given her past speeches and work relating to Aids in the United Nations.
‘‘Labour’s promise of ‘an inclusive health system that works for everyone’ and a ‘government which empowers people and ensures formal equality under the law’ made me quite hopeful,’’ he said
He was yet to hear back from politicians, adding that he wasn’t holding his breath.
However, Immigration New Zealand said it had not received a residency application from Zierler, which meant he was yet to test the system. Residency could not be considered without an application being lodged.
Yesterday, a spokesman for Immigration Minister Iain LeesGalloway said if a case was referred to a minister it would be reviewed by Associate Immigration Minister Kris Faafoi.
The minister could not make any further comments about the case or the rules relating to applicants with health conditions.
The ministers and Immigration NZ had the capacity to grant a medical waiver, and compassionate grounds were often taken into consideration. The other option was to apply to remain on humanitarian grounds once a deportation notice was issued, but Zieler acknowledged this was a long shot.
Immigration NZ rules said all non-New Zealanders coming to New Zealand must have ‘‘an acceptable standard of health so as not to impose undue costs or demands on New Zealand’s public health system’’.
When making a decision on whether to grant someone residency status, Immigration NZ assessed the applicant’s medical information to determine whether they had an ‘‘acceptable standard of health’’.
This sometimes meant referring the information to a specialist medical assessor for an opinion.
Medical assessors would only advise applicants do not appear to have an acceptable standard of health in cases where they did not meet the health requirements outlined in immigration instructions.
This included cases where treatment for their condition would likely exceed an established threshold of $41,000, or was likely to impose significant demands on health services.
The final decision was made by an immigration officer, taking into account all the relevant information.
Zierler said he did not think he would become a burden on the health system, as HIV treatments became more affordable with most HIV brand name medications coming off their patent this year or in the coming months, making the medications generic and more affordable.
He said he believed the law should be updated to take into account these developments, especially in cases where the applicant had proof they could personally fund their treatment. ‘‘But if the rules won’t change, it’s best for me to settle somewhere more openminded.’’