A NZ Resident sponsored both parents for Residence, but the mother was ineligible on health grounds.  The father reapplied on his own on advice from INZ, but he claims that was not warned that he could not sponsor his wife for Partner Residence afterwards, because she ought to have been included in his own application.  A tricky visa rule, like that mentioned in the previous section on the new Parent Policy.

Sahar Shamia picked up the case after the mother was declined Residence again.  She filed an Appeal on the basis that the family presented special circumstances which justified making an exception.

The Immigration & Protection Tribunal agreed.  It saw that the NZ family was tight-knit and that the grandchildren would benefit from their grandmother's presence.  It also picked up the point that, unless the case was approved, it was unlikely that the mother could make a new application under the incoming Parent Instructions (which had yet to be published at the time).  The reason was that the NZ children did not earn enough to meet the high income thresholds - see above.

We can report that the Minister recently accepted the IPT's recommendation and a Resident Visa will be issued.