A Tongan family in Auckland says they have been left devastated after Immigration New Zealand declined a visa for their critically ill toddler — the only family member who would be left without legal status because of his illness — despite both parents and the other children holding valid work visas and his specialist care being funded as an ACC treatment injury.
Two‑year‑old Jonathan Ta’e’iloa was born healthy in September 2023, but became critically unwell around his first birthday.
His condition is unpredictable and complex, involving frequent vomiting, developmental delays, muscle stiffness, and delayed speech. He now depends on constant specialist care to survive.
His parents say one of them has had to give up work entirely to care for Jonathan, leaving the family reliant on a single income while juggling hospital visits, therapies, and daily medical needs.
“It has been overwhelming for our family,” Jonathan’s mother, Kalolaine told PMN News.
“We are doing everything we can to keep him alive, but now we are fighting immigration just so he can continue receiving the care he needs.”
Visa refusal deepens medical crisis
The family says the most painful blow came when Immigration New Zealand (INZ) declined Jonathan’s visa — despite ACC confirming it is covering his medical care as a treatment injury and a Te Whatu Ora clinician supporting the visa application due to the need for New Zealand-based specialist treatment.
Jonathan suffered complications following an initial health event, leading to over a year in hospital, multiple brain surgeries, and the insertion of a feeding tube. His multidisciplinary care plan is ongoing and essential.
But INZ’s decision means Jonathan must leave the country when his current visa expires on Saturday.
“We are shocked and frustrated,” Kalolaine said.
“We have given every medical record from Tonga’s Ministry of Health and Te Whatu Ora, and we have spent more than $5000 on legal fees. We don’t know what else to do.”
A family divided by paperwork
The family’s three other children — Samson, 6, JJ, 3, and William, 2 — all hold valid visas, and both parents have work visas valid until 2028. Jonathan is the only one without legal status.
“It’s heartbreaking,” Kalolaine said. “All our children can stay, but Jonathan — the one who needs the most help — is the one being asked to leave.”
She said officials told the family Jonathan’s care would “cost a lot for New Zealand taxpayers,” even though ACC is already funding his treatment.
INZ says decision based on health criteria
Dominic Forde, Operations Director at Immigration New Zealand, confirmed that INZ received a Dependent Child Visitor Visa application for Jonathan on 7 July 2025, which was declined on 22 January 2026, according to PMN News.
“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 said.
Forde said they recognised it was a difficult outcome for the family and would continue to engage with them to manage the process compassionately.
The family says this explanation contradicts ACC’s confirmation that Jonathan’s care qualifies as a treatment injury and is already funded — and that removing him from New Zealand would put his life at risk.
Fundraising for immigration fees
The family’s only remaining option is to lodge a Section 61 request, which, if granted, would temporarily restore Jonathan’s lawful status while a new visa application is reconsidered.
The family says they have not yet submitted the request. Jonathan’s visa is due to expire this week, on February 14.
The family has now raised nearly $20,000 through the Givealittle platform to help cover expenses, as they continue supporting Jonathan at home with ongoing therapy, hospital appointments, and daily care.
“These are essential for Jonathan to continue receiving specialist care in New Zealand,” Kalolaine said. “We cannot imagine taking him back to Tonga where no such care exists.”
As Saturday’s deadline approaches, the family says they are still hoping INZ will reconsider — and that no child’s life should depend on whether he has the right visa.
