‘Absolutely heartless’: Minister rejects son's plea to keep seriously ill mother in NZ

A Christchurch man who’s spent more than seven years trying to convince immigration authorities to allow his mother to stay with him says he’s lost faith in the country he calls home, after the Associate Immigration Minister unexpectedly rejected his application for intervention. 

Khushhal Bhatia, a New Zealand citizen and multimedia graphic designer, has been told Associate Immigration Minister Cameron Brewer “does not wish to intervene” in his mother’s case and give her residency. 

Subsequently, his mother, Sita Devi, who has stage five kidney disease, has been asked to return to India, where she has no family support. 

Extensive documents – including from immigration advisers and doctors – had been provided to the Associate Minister’s office, with Bhatia questioning whether they had been fully scrutinised. 

“The decision is not very humane,” he told the Herald. 

Khushhal Bhatia has been negotiating with immigration officials over his mother's visa for seven years. Photo / Cameron Pitney 

Bhatia’s mother, who’s been living with him on visitor visas since 2019, has now been told she’ll need to make arrangements to leave the country, despite both her children residing in New Zealand. 

“All my family are New Zealand citizens now. We don’t have anyone in India,” Bhatia said. 

He said the years he’s spent engaging with immigration authorities, and seeking advice from lawyers and advisers, have been emotionally, mentally and financially draining. 

In the seven years Bhatia’s been negotiating with authorities – with requests juggled between various Immigration Ministers – he’s also helped cover three elections for TV3 as an animation artist and designer. He now works for a 3D visualisations company in Christchurch. 

He said the current election campaign messages from politicians are hard to take seriously. 

“Right now, every political party is campaigning that they’ll look after New Zealand citizens. Is this what they mean, by saying ‘we don’t want to intervene in your case’? I think it’s very disrespectful,” he told the Herald. 

His sister – a New Zealand resident who is eligible for citizenship – has a PhD in biotechnology and is working in Auckland as a food scientist and compliance specialist. 

Bhatia said his mother, who previously worked for India’s Finance Minister for 34 years, was shocked at the decision from authorities when the emailed rejection letter arrived last week. 

“She doesn’t deserve this. Her case needs to be looked at,” Bhatia said. 

Labour MP Megan Woods says the Associate Minister's decision is heartless. Photo / Alex Cairns 

One of those Bhatia has been speaking with recently is Labour’s Wigram MP Megan Woods. 

She described the decision by Associate Minister Brewer as “absolutely heartless”. 

Woods said Bhatia and his mother had been “scrupulous” in meeting all immigration requirements over the years, and all options had now been exhausted. 

“[This is] the last port of call, which is at the absolute discretion of the minister to exercise some humanity and grant this family the ability to be together at a very difficult time.” 

Brewer declined to comment on the case, citing the privacy of those involved. 

Even after the Herald provided a privacy waiver, he still refused to comment or say whether the case presented by Bhatia had received proper scrutiny. 

“Consistent with my established policy, I will not comment on the specific details of individual cases or the considerations that informed my decision,” he said. 

‘She won’t be a burden on the system’ 

In the seven years spent trying to get action from immigration officials, Bhatia’s mother’s health has deteriorated. 

Bhatia wants the ability to care for the 77-year-old without worrying about whether immigration officers will come knocking. 

He said the predicament his family is facing is “very sad and disrespectful to someone who is elderly who needs care”. 

"Relocation to India...is not recommended."
Doctor's warning 

Medical notes seen by the Herald show his mother needs the support of her family in New Zealand as part of managing her condition. 

“Relocation to India, at a time where she is nearing end of life, where she has no family support and no established medical care is not recommended,” her nephrologist said in a letter provided to the minister. 

Immigration rules dictate that applicants for visas must not impose significant costs or demands on the country’s health services as part of an acceptable standard of health policy. 

Bhatia is adamant his mother won’t be a burden – an assertion backed up by his mother’s specialist who did not recommend dialysis or surgical intervention. 

“For the last seven years, we have been paying for my mother’s medical expenses. We are not asking for money. We just want a permanent solution,” Bhatia said. 

“She won’t be any burden on the health system because her nephrologist said that she just needs to be with the family.” 

Khushhal Bhatia spent time with his mother at the gym in the years prior to her becoming unwell in an effort to satisfy immigration requirements relating to her fitness. 

An immigration adviser who wrote to the minister as part of the application for intervention emphasised the “exceptional nature” of the case. 

She said this included the fact that Devi was widowed, had lost an elder son, and that she has no children or immediate family who remain in India. 

This is the second time Bhatia has sought intervention in his mother’s case – the first was in November last year, which was declined on the basis that she still had a residency pathway via seeking a parent category visa. 

"You can exercise humanity."
Labour MP Megan Woods 

The family’s immigration adviser noted that Devi’s position had now “fundamentally changed” and previous avenues to residency, including the parent visa, were unlikely to be successful given her health. 

The other key factor is that Bhatia has been told any chance of his mother getting a parent resident visa won’t be until May 2029 – and even then, it’s contingent on random ballot selection. 

Cameron Brewer took over the Associate Immigration Minister portfolio in April. Photo / Jamie Ensor 

Asked whether Labour would take a more compassionate approach if it formed the next Government, Woods said, “I would like to think so”. 

“You can exercise humanity. Sometimes immigration cases are not black and white.” 

Bhatia brought his mother to New Zealand in 2019 when his older brother, who lived with her in India, died. 

“This is a case of a son who wants her mother to live here permanently, and I am not asking for anything in return,” he said. 

When speaking to the Herald, Bhatia recalled when he was given citizenship in 2020 and was told New Zealand was officially his home. 

“My sister and I are highly skilled and have contributed to New Zealand in the past and will continue to do so. This is not how you should be treated when this is your home.” 

Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.