A mother from Fiji has been denied visitor visas to come to New Zealand for her son’s graduation and wedding because she had overstayed in 2016 to seek medical treatment for a mental health disorder.

Her son, Aavy Verma, is deeply upset with Immigration New Zealand’s decision to bar his 65-year-old Fjian-national mother Saras Wati from entering New Zealand.

“I am a New Zealand citizen, and I have four other siblings who are also citizens and residents, and we have been fighting to have Mum be granted a visa to come for special occasions such as my graduation last August and wedding in January this year,” Verma said.

Since 2009, Wati had been visiting New Zealand many times until 2016 when she became unwell and was diagnosed with a major depressive disorder which she required medical treatment.

According to INZ she was in New Zealand in April 2016 on a valid visitor visa and applied for a further visitor visa to allow her to seek medical treatment.

Richard Owen, general manager of immigration, said she was granted a visitor visa medical in May of that year to enable her to undergo the required medical treatment as she had been deemed unfit to travel. That visa expired in September 2016.

“In August 2016, Wati applied for a further visitor visa. Unfortunately, this was declined in November 2016 as she did not meet the immigration instructions to be granted a visa, as she did not have an acceptable standard of health and could pose a significant cost to the New Zealand health system,” Owen said.

“Wati did not depart New Zealand in September 2016 when her visitor visa medical expired. At this point, she was unlawfully in New Zealand.”

Aavy Verma is upset that INZ has repeatedly declined his mother Saras Wati's application.

She then submitted a request for a visa under Section 61 of the Immigration Act 2009 in an attempt to regularise her immigration status in February 2017, but this was declined. Wati then made a further request eight months later and this was granted, allowing her to remain until October 2018..

“Between 2017 and 2019, Ms Wati made several more applications for visitor vsas all of which were declined. She also made requests for ministerial intervention and appealed one of her declines with the Immigration Protection Tribunal, however, these were all unsuccessful,” Owen said.

She eventually left New Zealand in August 2019.

Owen said all subsequent applications she made between May last year and January had been declined.

“Wati has not been able to demonstrate that she is a genuine bona fide applicant intending a temporary stay in New Zealand or that she has an acceptable standard of health to be granted a visa,” he said.

Verma said his mother was served a deportation notice when she failed to secure another visa in 2019.

“Although not fully recovered, my mum returned to Fiji reluctantly,” he said.

Verma said it cost the family thousands of dollars to provide a psychiatrist’s report to prove Wati’s condition was well managed and was safe to travel, only for INZ to decline the application again this year to come for his wedding.

“My partner and I identify as LGBTQI, and such marriages are not recognised in Fiji. Therefore, we organised to get married in NZ,” he said.

“All we wanted was for her to be granted a limited-purpose visa, and we were prepared to pay a bond to INZ for her to come.”

They were told in a letter Wati’s application was declined because she “did not meet requirements of an applicant who genuinely intends to a temporary stay in New Zealand”.

“We had to continue with the wedding without the blessings of my mum in person. It is unfair for a mother to have the privilege of attending her son’s special occasions denied,” Verma said.

“It is disheartening for Mum to see on social media of her friends with major physical health issues such as blindness, immobility, and cardiac issues given visas without any medical assessments, and to news that people with criminal records are allowed to come to or remain in NZ, but not her.”

Verma said he and his sisters worked in the healthcare sector looking after vulnerable people in New Zealand.

“My partner, who is a permanent resident and I are considering having children and hope Mum will not be denied further rights to spend time with her grandkids, given she is also aging,” Verma said.

Owen said INZ understands that this was distressing for Wati and her family.

“We encourage migrants to ensure they meet immigration instructions before applying for a visa,” he added.