Migrant kidney patient on the run

By THERESA GARNER, immigration reporter

A Tongan overstayer on dialysis for renal failure has gone into hiding and her seventh-form daughter is in a police cell after an immigration swoop on their Auckland home.

Siuati Kulikefu, 18, last night spent her second night in the Papakura police cells and faces deportation to Tonga, which she left at the age of 15.

Her mother, 50-year-old Sesalina Kulikefu, who has a heart and kidney disease, and 23-year-old sister, Elenoa Kulikefu, were in hiding.

They were not home in Mangere on Monday when immigration officials and four police officers picked up Siuati.

The family's lawyer, John Foliaki, has made an urgent application to Immigration Minister Lianne Dalziel for the cancellation of the removal order against Siuati. He has also requested a permit allowing the family to stay until they can apply for residency.

Mr Foliaki cited the lifeline thrown to another overstayer dialysis patient by Ms Dalziel in May, when Tuvaluan Senee Niusila was granted a two-year work permit.

His treatment could have been withdrawn under Ministry of Health guidelines limiting ongoing dialysis to New Zealand residents and citizens.

However, unlike Mr Niusila, Mrs Kulikefu remains eligible for dialysis as her case preceded the ministry's cut-off date, said Counties-Manukau spokeswoman Lauren Young.

The treatment costs about $40,000 a year, plus drugs.

Mr Foliaki said the family were paying $30 a week towards the cost.

He said Mrs Kulikefu's Tongan husband, who had lived in Australia for work since 1995, had gained Australian permanent residency, which could make it easier for the family to seek New Zealand residency.

Australian permanent residents have automatic residence in New Zealand.

Sione Latu Kulikefu visited his family last week, then returned to Australia to sort out his affairs for a move to New Zealand, where he intends to seek residency for his family. His wife would require a waiver of her medical condition.

Mr Foliaki said Mrs Kulikefu had arrived in New Zealand in February 2000 with her elder daughter, Elenoa.

She was in hospital with renal failure in March 2001 and her two younger children, Siuati and an adopted 3-year-old son, Lotu, were sent from Tonga to be at her deathbed. She recovered, and the family's permits were not extended.

Mr Foliaki said that, faced with returning to Tonga where Sesalina would die, the family stayed in New Zealand illegally.

Mrs Kulikefu is one of 600 patients who have peritoneal dialysis at home. It involves inserting fluid through a tube into the peritoneal cavity in the abdomen.

The fluid is then drained and replaced. The procedure is usually done four times a day and takes about 45 minutes each time.

Mr Foliaki said Mrs Kulikefu was distraught at her daughter being locked up, and Siuati was "traumatised".

"It is a freaky experience if you're not a crim.

"This girl is only a schoolgirl, she is totally dependent on her mother."

Although he accepted that the family were in the country unlawfully, he said the decision by immigration officials not to extend their permits on humanitarian grounds was wrong. "If she goes back to Tonga, she will die."

In May Ms Dalziel said she intervened in the case of Mr Niusila because he was eligible for residency on the grounds he married a New Zealand citizen in 2001, and had a New Zealand-born child.

Last night a spokesman from her office said the Kulikefu matter was being dealt with by Associate Immigration Minister Damien O'Connor.

A spokesman said Mr O'Connor could not comment on individual cases, but the Immigration Service considered all cases carefully.

Mr Foliaki said Mr O'Connor's office sought more information from him yesterday afternoon and asked to interview Mrs Kulikefu.

Mr Foliaki was reluctant to disclose the pair's whereabouts in case removal orders were issued.

Estimated number of overstayers in NZ

1993: 14,076

2002: 18,134

Departures after removal orders:

1994: 642

2000/2001: 1078

2001/2002: 1460

SOURCE: NZ Immigration Service