Down syndrome teen denied NZ residence

A teenager with Down syndrome has been denied New Zealand residence because of the perceived burden she could place on the health and education systems.

It is a move that has disappointed a disability advocate, who says people with Down syndrome contribute to their communities and not all have additional medical needs.

The 17-year-old Indian citizen, whose name is suppressed, came to New Zealand on a visitor visa in 2016 with her parents and younger sister.

In 2017, her parents and sister were granted residence, and in 2019 they were granted permanent residence.

However, the teen’s application for residence was refused because she is ‘‘not of an acceptable standard of health’’. Her parents then appealed to the Immigration and Protection Tribunal.

According to a recently released decision from the tribunal, the girl – referred to only as JB – currently lives in India with her grandparents.

She is active, not on any medication, and ‘‘would not be a burden on New Zealand’s health services’’, her parents said.

Down syndrome was not a progressive disease and many people with Down syndrome, like JB, led ‘‘valued and productive lives’’, they said.

The Ministry of Education had advised JB met the criteria for the Ongoing Resourcing Scheme (ORS) – a support programme for high needs students.

However, she would not be attending high school in New Zealand as she does not speak English and has her ‘‘daily needs’’ met at home, so would not be in need of the scheme, her parents said.

‘‘She would not be a burden on the taxpayer as she would continue to live within her supportive family unit.’’

The tribunal noted JB does not

have heart or hearing problems like many people with Down syndrome.

But despite her parents’ reassurances, JB would be entitled to ORS funding until she turns 21 if granted residence, which would create demands on the education system, the tribunal’s decision said. She would also be eligible for a disability allowance and a supported living payment, as well as disability services.

‘‘Any promise not to access publicly funded services to which she would be legally entitled could not be enforced by Immigration New Zealand.’’

The tribunal declined the appeal.

Zandra Vaccarino, the national executive officer of the New Zealand Down Syndrome Association, said many wrongly assumed all people with Down syndrome had extra health and education needs.

‘‘Not all will experience health issues – some will, some won’t,’’ she said.

‘‘People with Down syndrome are contributing members of the community ... they work, they own their own businesses, they are involved in their community.’’

Vaccarino said residency applications should be deliberated in the context of the United Nations Convention on the Rights of Persons with Disabilities, which prohibits discrimination against disabled people.

‘‘We say as a country we embrace diversity . . . there could be more done to ensure that diversity is actually supported.’’

‘‘We say as a country we embrace diversity . . . there could be more done to ensure that diversity is actually supported.’’ Zandra Vaccarino

NZ Down Syndrome Association