A Filipino farmer based in Waikato has had his last bid to stay in New Zealand accepted after more than two years of fighting with immigration officials.
Noland Kinney had given up all hope he’d win the immigration battle.
“I quit my job, packed my things, and was ready to go back to the Philippines even though I have nothing,” he said.
It had been more than two years of fighting with officials to get them to see why after 10 years of living and working here – and paying his taxes and health bills – the 54-year-old and his family should be allowed to stay.
He’d been told by Immigration New Zealand (INZ) that his kidney condition could impose significant costs on the country’s health system – and therefore he did not meet the “acceptable standard of health” for residency.
Then, just as the father-of-three was poised to leave, he heard the good news. The Immigration & Protection Tribunal was recommending his appeal be accepted. In a decision seen by 1News, the tribunal ruled while INZ had correctly declined Kinney’s application, the family had “special circumstances” that warranted a recommendation to consider an exception to the rule.
Under immigration requirements, all applicants must have an acceptable standard of health to be granted residency – irrespective of a person’s ability to pay.
Over the last five years, 8365 people have had their visa or residency declined as result of failing to meet this standard.
KInney is one of 1788 who in had their application declined in 2023. But the tribunal said the “negative factor” of his kidney condition, potentially costing the health system hundreds of thousands in the next few years, was outweighed by his family’s circumstances – namely their long-standing connection and contribution to New Zealand over the last decade.
“Having lived here for 10 years, they have become integrated and well-settled in New Zealand,” the finding read. “The appellant has made a solid contribution to date to New Zealand through his employment and is highly valued by his employer for his work experience in an area of known skills shortage.”
It said if he was forced to pack up and leave, the fact the family has no home or assets in the Philippines and no family to rely on could mean he’d be forced to choose between “his own need for life-sustaining dialysis treatment, once required, and providing for the needs of his wife and children”.
Even after receiving that recommendation, the farmer said he had a nervous wait until it was accepted by Associate Minister of Immigration Chris Penk.
But receiving his residency papers has given him the confidence to share the good news with 1News and call New Zealand home.
“I feel really at home now.”
After a short break – now that he knows he can stay – Kinney plans to return to work.
Hope for ‘a better life’
1News first reported on his case in October when it first became clear that his health had put his residency application in doubt when officials ruled he did not meet its acceptable standard of health criteria.
Two days after Christmas he received news INZ had declined his case – a decision he appealed to the Immigration & Protection Tribunal earlier this year.
As they waited for the news, his middle child, Pete, was forced to put a hold on his dreams to go to University, after he discovered he was ineligible for the scholarship he’d received unless he was granted residency.
He’s had widespread public support from the local farming community, including local MP Louise Upston, who wrote a letter to the tribunal saying it would be a “significant loss” if he and his family left.
Now that their appeal has been granted, Kinney is hopeful his children will have a better future.
“That’s the only thing I want – for them to finish school, to have a better life. I’m so happy for that.”
Jumping through hoops
But it’s a win advocates and immigration experts fear could get harder in the current economic climate.
Immigration law expert at Lane Neave, Mark Williams, said it seemed to be more challenging to get such cases across the line while the health system was facing such significant pressures.
He’d recently seen one case turned down by the minister due to the additional strain it could pose on the system.
“Outcomes like this will tend to become harder to achieve, especially when there’s significant potential costs to the New Zealand taxpayer for treatment,” he said.
“It may not be possible for a lot of people to secure residency in a system where it is under considerable strain.”
Penk said he hasn’t changed his approach, and has only declined to accept one tribunal recommendation.
“I carefully weigh up the different humanitarian considerations… and of course balance it against the needs of the health system as it relates to the availability for New Zealanders.”
Migrants Against the Acceptable Standard of Health’s Áine Kelly-Costello said it shouldn’t be so hard for families like the Kinneys to prove their worth.
“It’s just completely unjust that migrants with disabilities and their families are being made to jump through these hoops, that those of us who’ve had to go through this in one way or another are seen as cost burdens, as expenses rather than actually recognising that everyone has inherent value.”
Having fought and won his case, Kinney had this message to officials: “If migrant workers are working for more than five years, even with a health condition, maybe they consider an easy pathway to residency.”
“They contribute to the community, to the economy of New Zealand. That’s me. Ten years, paying taxes, you know?”
