Home birth for student refused visa to stay in NZ

A Korean woman who was refused a student visa because she is pregnant is arranging to have her baby at home or in a private clinic in a last ditch attempt to stay in New Zealand.

Sung Won Kim, 31, and her husband Jin Sung Kang, 33, arrived on visitors' permits in March, but she could not get a student permit in April to complete her horticulture course - despite being willing to pay for her maternity care.

Immigration Minister Jonathan Coleman said it was immigration policy not to grant permits to pregnant women because it puts "extra strain on the health system".

"I do not want to tax the New Zealand health system in any way, but I just want to be close to my husband when my baby is born," Ms Kim said.

Ms Kim is applying for an extension to her visitor's permit, which expires on June 21. Her husband, who is applying for a business visa, has just started a motor vehicle business.

Changes to immigration laws in 2006 mean the baby will not obtain citizenship because neither of them are New Zealand citizens.

Independent midwife Yoomi Kim, Ms Kim's lead maternity carer, wrote to Immigration New Zealand, supporting her fight to have her baby in New Zealand.

"Recently, her state has gotten unstable caused by this extremely stressful situation. It can definitely affect the wellbeing of Sung Won Kim and her unborn baby." Yoomi Kim said in her letter. She wrote that because the pregnancy is in its third trimester a long flight back to Korea could result in premature labour "threatening the wellbeing of mum and unborn baby".

Immigration matters are exempt from the provisions of the Human Rights Act, but Green MP Keith Locke says he will be pursuing the matter in Parliament to have the immigration exemption removed.

"It is not right for a particular group of people, who are lawfully in New Zealand, to be singled out and not accorded the same rights as everyone else," Mr Locke said.

"No government agency should be exempt from the human rights standards that underpin all aspects of life," said Chief Human Rights Commissioner Rosslyn Noonan in a letter to the Herald.