The parents of a Romanian boy with a rare blood disorder have lost their bid to stop a rehearing of the decision that allowed them to stay in New Zealand.
Cezar and Constanta Camelia Vilceanu had sought to stop a Deportation Review Tribunal rehearing, but the
Court of Appeal yesterday upheld a High Court decision that their case be revisited.
The Romanian couple's son Adrian, 12, has the life-threatening blood disorder, thalassaemia major.
In Romania, Adrian's life expectancy was 20 years, but in New Zealand, it is believed he could live to 50 and his treatment, monthly blood transfusions and injections, up to seven times a week, could cost up to $5 million in that time.
The family migrated to New Zealand in 2004, despite the Vilceanus lying during a medical examination about their son's health. Had they been truthful, authorities could have been alerted to the financial burden he would present.
In 2005 the immigration minister revoked their residents' permits when it became obvious they "had not been candid" with authorities.
However, they appealed to the tribunal and it quashed the revocation for humanitarian reasons.
The immigration minister then challenged that decision in the High Court and the judge ordered that the tribunal revisit its decision.
The Vilceanus' latest appeal was against that judgment.
However, the Court of Appeal's Justice William Young said there was no right to appeal the High Court decision.
There was potential significance in that Romania in the meantime has joined the European Union and now has access to EU health systems, he said.
The tribunal will now go ahead with its rehearing, but a date has yet to be set.
Adrian's mother, an economist, is caring for the couple's healthy New Zealand-born daughter and his father is working as an aircraft engineer .
- NZPA
