Judge has no compassion for blind 5-year-old child | The Jackal

13 Jun 2017

Judge has no compassion for blind 5-year-old child

New Zealand has always prided itself with being a fair and equal society that looks after people when they’re injured or sick. Unfortunately with a right wing National government in power that's no longer the case.

On Saturday, the NZ Herald reported:

Blind 5-year-old, described as a 'burden' on NZ health system, to be deported to South Africa

A blind, disabled child's family is "devastated" that she will be deported back to South Africa despite her family's legal efforts to allow her to stay in New Zealand.

In a High Court judgment released this week, Justice Gerald Nation ruled in favour of Immigration New Zealand's decision to deport 5-year-old Caitlyn Davies after the girl's family appealed the move.

Immigration NZ had argued it would not be "unjust or unduly harsh" for Caitlyn to be sent back to South Africa and her medical conditions would prove a burden on New Zealand's health system.

This is despite agreeing Caitlyn's "life chances generally would be far better if she were able to remain in New Zealand".

This seems completely unfair. After all the family is contributing to New Zealand's health system through their taxes, which I’m sure would be more than the cost of helping to look after Caitlyn.

Justice Gerald Nation even acknowledges that his decision could shorten Caitlyn’s life, so you’ve really got to wonder how he became a High Court judge?

But what makes this story even worse is that a decision has been made that could ultimately split this family up.

The terrible burden placed on them by Immigration NZ, the Immigration and Protection Tribunal and now an ignorant High Court Judge simply because the family of five have a dependent child with disabilities is completely unacceptable!

The tribunal said the family were "not destitute before coming to New Zealand" and had not proven they would become so if they returned to South Africa.

It also considered the separation of the Davies family, with the possibility Jonathan might remain in New Zealand to earn a higher wage for his family.

The issue here isn’t only one of whether the family would be adversely affected if they moved back to South Africa… it’s whether Immigration NZ is treating a child with disabilities differently to a child without disabilities.

That would amount to discrimination under the Human Rights Act, which should apply to Immigration NZ decisions no matter what country the child is from. Besides, the cost to look after one disabled child is not a factor Immigration NZ should be considering. The cost to look after injured or disabled people is factored into our economic system. One child isn't going to make a difference if we're considering the entire immigration and health systems.

Of course the majority of financial cost would be on the family and only be excessive in the long run if medical professionals failed to do their jobs properly. Obviously our health system isn’t going to entice people with disabled kids to flock to New Zealand. After all it's not even looking after Kiwi’s properly.

While Caitlyn did not meet "exceptional humanitarian circumstances" she did, due to her disabilities, face "huge challenges".

The tribunal concluded it maintained its position to deport Caitlyn "to maintain the integrity of the New Zealand immigration system".

How cruel and inhumane is that?

When idiots are justifying the huge amounts of immigration into New Zealand because apparently there aren’t enough Kiwi’s to stack shop shelves and children are being discriminated against and deported because of their disabilities, do we really have any integrity in the New Zealand immigration system left?

At a time when immigration is the hot topic it seems rather convenient for Immigration NZ to be in the media getting all nasty about letting a disabled child live with her family in god’s own. With the lines of separation between the state and judiciary so blurred at the moment this could be just another political decision made by a corrupted minister and High Court judge.

Clearly Justice Gerald Nation’s potentially life ending and family-destroying decision solely based on the almighty dollar shows that we don’t have a system with integrity. We instead have a cold and callous mechanism governed by old men blinded by dollar signs.