Sick overstayer hoping for reprieve

Juthamart Sommai with her daughter Dream. Photo / Paul Estcourt

A Thai overstayer with cancer who says she is too sick to travel is appealing to Immigration Minister Jonathan Coleman to reverse a decision to deport her and her overstayer husband.

Juthamart Sommai, the mother of two New Zealand-born children, has been diagnosed with breast cancer and told by doctors that she will die without urgent surgery and treatment.

Ms Sommai, 42, said the Immigration Department's decision was a death sentence.

"I cry every day, not for myself, but for my children, who are just very little," said Ms Sommai.

"I am not afraid of dying, but I cannot stop worrying about who will look after my children after I am gone."

Ms Sommai's daughter, Dream Beyyapha, 5, and son Dale Jakkapat, 2, are oblivious to her plight, although Dream says "mummy is always so sad now".

"Whenever daddy and mummy talks, they always cry like babies," said Dream, a pupil at Windy Ridge School, Glenfield.

"They hug me a lot and ask me if I want to go to Thailand, but I tell them that I love New Zealand and want to stay here."

Husband Samkhan Phuathat, 39, is selling possessions, including a small boat and car, to raise $8500 for his wife's mastectomy, scheduled for April 9 at the Southern Cross Hospital on the North Shore.

In a letter to Ms Sommai's family doctor, breast surgeon Dr Richard Harman said she would require radiotherapy and chemotherapy after the mastectomy, but Mr Phuathat says he doesn't think they can afford that.

"At the moment, for the love of my children, I will do anything to ensure that they still have their mother, but there is only so much I can do. We are already selling everything we own."

He said the uncertainty following the immigration decision was causing the family a lot of grief and stress.

The couple said their immigration ordeal began three years ago when their lawyer did not renew their work permits. In the process they lost their passports and $15,000 they paid.

"We have never intended to be here illegally, but have become overstayers through no fault of ours," Ms Sommai said.

"We would still have been legal if our immigration lawyer had done what she was supposed to do."

A complaint against the lawyer, Zaheda Ali, has been lodged with the New Zealand Law Society.

Anglican priest Ian Woodman, who is helping the couple with their fight to stay, says Associate Immigration Minister Kate Wilkinson has told him she was not prepared to intervene and the couple should leave as soon as possible.

The Thai Embassy has issued temporary passports but Father Woodman said Ms Sommai could not travel.

JUTHAMART SOMMAI
* Came to New Zealand in 2000.
* Husband arrived 12 years ago.
* Has two NZ-born children.
* Lawyer failed to renew work permit three years ago.
* Diagnosed with breast cancer.