Mom’s court bid to stop autistic child’s deportation
The mother of a 6-year-old autistic child has turned to the courts to stop Home Affairs from deporting her, and depriving the girl of therapy and special schooling.
|||Durban - The mother of a 6-year-old autistic child has made an urgent court application to stop the Department of Home Affairs from deporting her next weekend.
The mother, who cannot be named to protect the identity of the child, is battling a rule which states that anyone on a visitor’s visa must return to their home country to apply for a renewal, which takes six to eight weeks.
If she is forced to do this, she alleges in her Durban High Court application which came before Judge Kate Pillay on Tuesday, her daughter will be deprived of all the therapy and special schooling she is receiving and, for the first time, responding well to.
The mom, who lives on the South Coast with her parents, said she and her now estranged husband - the father of the child - were both born in South Africa and got married here. They moved to Namibia and when they took up citizenship there, they were forced to give up their South African citizenship. The couple split in October 2015 but are not yet divorced.
She said she had become “deeply concerned” about her daughter’s development delays and had taken her to a psychiatrist in Windhoek who suggested she relocate somewhere where she could be treated properly.
She was still a permanent resident of Namibia.
She brought the child here in November last year on a visitor’s visa with the approval of the father, who remained in Namibia.
Since then the child, diagnosed with autism and attention deficit disorder (ADD), had daily and weekly therapy sessions with various specialists and this year had been enrolled in Grade 1 at a local special needs school, resulting in a marked improvement, “as she is no longer as aggressive and defiant as in the past”.
“It is vital that she continues with her treatment and schooling,” the mother said. “But her visa expires on April 16.
“I believe she qualifies for a two-year visa, but we have to go back to Namibia to apply. Exceptional circumstances exist for her to be allowed to apply from here, otherwise the impact will be devastating.”
Lawyers acting for the Department of Home Affairs arranged for the mother to meet an official later this week in an attempt to resolve the matter.
But the father, while yet to file any papers in the matter, has indicated he wishes to oppose the application and it was adjourned until late April.
The Mercury