Daman Kumar, 18, has been offered residency after facing deportation. Photo: SUPPLIED
Eighteen-year-old Daman Kumar will be able to stay in New Zealand, following an intervention from the associate immigration minister.
Kumar was born in New Zealand and has lived all his life here, but because he was born six months after an immigration law change, he has been an overstayer since the moment he was born.
He and his mother were advised to leave New Zealand by Monday, 17 February or be served a deportation order by Immigration New Zealand.
Associate immigration minister Chris Penk then said he would consider advice on the matter, putting Kumar's deportation on hold until then.
Green MP Ricardo Menéndez March, who advocated for Kumar, said he had been informed by Penk of the outcome that Kumar has been offered a Resident Visa.
"This is a great outcome for Daman, who has had to spill his guts to even get the attention of the associate minister himself instead of a delegated decision-maker," he said.
In 2006, the then-Labour government passed a law that meant children born in New Zealand only acquire citizenship if at least one of their parents is a citizen, or entitled to be in New Zealand indefinitely.
At the time of Kumar's birth, his parents were overstayers.
His sister was born in 2002, before the law change, meaning she is allowed to stay in New Zealand lawfully.
Penk's decision means while Kumar can stay, his parents will not be granted a visa, and face deportation.
Kumar said he felt mixed emotions at the announcement.
"First and foremost, thank you for your support and thank you for everything you've done. It's a weird thing to describe because you're happy and then you're not. It kind of makes you weak to your knees and it's just really hard to describe. Hopefully I can help set an example for the people that are in a similar situation to me so they know it is possible and there is hope," he said.
His sister Radhika Kumar said it was hard to digest the news.
"It's both good and bad. I'm happy but also on the other side, the fact that it's not he same for my parents unfortunately. I'm still happy about it but we would be even happy if it was for both of them," she said.
Kumar's dad said he is happy for his son and as a family are grateful to everyone who helped.
Penk, who said he first became aware of Kumar's case after a media enquiry 14 February, told RNZ he cannot make comments on the specific details of cases for various reasons, including privacy.
"As this situation has been the subject of considerable speculation in recent days, I am making limited comment on the procedural aspects to provide clarity about the decision-making process," Penk said.
"There are numerous requests for ministerial discretion in immigration cases made every week. Across successive governments it has been the standard practice for Ministers to have Delegated Decision Makers from Immigration New Zealand handle some of these requests on their behalf, given the high volume of applications.
"In the present case, a Delegated Decision Maker had declined to intervene, but an application was made by a Member of Parliament on that same Friday afternoon, requesting that I exercise discretion in favour of all three family members. "
He said, following careful consideration, he was prepared to grant Kumar a resident visa.
Menéndez March said it was bittersweet, and he would continue to fight to keep the family together.
"Effectively now what Daman faces is being separated from his parents, the most important support network that he has," he said.
The MP said the case had shone a light on the fact there were many other cases like his, and that the government did not know how many.
Kumar's lawyer Alastair McClymont said the family's delight at the news was mixed with great sorrow.
"Daman's case highlights the urgent need to address issues of birthright citizenship and long term overstayers," he said.
