Dying migrant's kids kept out of class

Tan Tee Boon with Serena and Daniel, who are both missing going to school. Photo / Greg Bowker

A terminally ill overstayer has been told his children cannot go to school because they have not been "unlawful long enough".

Tan Tee Boon, a Malaysian baker who has been here since 2003, was denied a work visa last December after he was diagnosed with liver cancer.

The decision was made because of cost implications, and he faces deportation.

Now the Ministry of Education says his son Daniel, 15, and daughter Serena, 13, have to be "unlawful" for six months before they are allowed to go to school.

He says he cannot afford to enrol them as international students and they cannot return to Malaysia as they "don't speak a word of Malay".

Shortly after the visa decision in December, Mr Tan, 51, got notice from Immigration NZ that a law change last year would allow his children to continue studying without visas.

The Education Ministry later approved their enrolment at Macleans College in Bucklands Beach.

But last month, the ministry reversed its decision because the children "were not unlawful long enough" - six months - to be considered.

The ministry said it would reconsider a further application in June.

Education Ministry group manager Jeremy Wood said those unlawfully here must meet the eligibility criteria in the Education (Domestic Students) Notice 2010.

He said a reinvestigation found the ministry had made an administrative error in its first decision.

Mr Tan, whose doctor says he has between six and 24 months to live, is eager to get his children back to school "so they can take care of themselves in the future".

"I will not be around for very much longer to provide for them and I really want to ensure that my children get a good education so they can get good jobs in the future, and I can have peace of mind that they can look after themselves and their mother," said Mr Tan.

"It is really disruptive for them to be out of school for six months. I really still don't understand the rationale."

Mr Tan said he could not afford to enrol them as international fee-paying students. Returning to Malaysia, where Malay is the language of instruction at schools, was not an option.

Daniel, who has not been to school since February, said he missed his schoolmates at Macleans College, but was too embarrassed to keep in touch with them. Serena said she wished she was at school again.

Immigration NZ said it is considering deporting Mr Tan.

"While we acknowledge Mr Tan's circumstances, and even though his family is paying for his current treatment, we are unable to allow him to remain, given the cost and demand he is likely to impose on our health services," said the service's chief, Nigel Bickle.

"Mr and Mrs Tan have numerous immediate family members in Malaysia.

"We encourage them to depart voluntarily as soon as possible."