Daman Kumar poses for a photo with his sister. Photo: SUPPLIED
A New Zealand-born teenager who has been given a temporary reprieve from deportation remains hopeful despite the challenges facing him and his family.
Eighteen-year-old Daman Kumar was told to leave the country by today or face a deportation order to India - a country he has never stepped foot in.
However, Associate Immigration Minister Chris Penk said Monday he would reconsider Kumar's case, which his office initially turned down in December.
Penk's office on Monday confirmed that a formal deportation notice had not been issued.
The decision could open the door to other appeals for residency from overstayers who find themselves in a similar situation.
Kumar first spoke to RNZ using a pseudonym in 2023, expressing a desire to attend university after finishing high school.
"Kids my age have dreams," he told RNZ at the time. "I don't even have the right to dream."
Kumar is an overstayer, holding no official residency status after his parents remained in New Zealand beyond the duration of their work visas nearly 20 years ago.
Despite being born in New Zealand, Kumar is considered an unlawful resident.
He is not alone.
An estimate by Immigration New Zealand from 2017 suggests approximately 14,000 people are in a similar situation.
For now, Kumar expressed relief at receiving the reprieve.
"The thought of being forced to go to India is terrifying because I have no idea what I would do there," Kumar said.
"I don't want to stay there [in India] because I believe Aotearoa is my home. This is where my whānau is, and these are my people.
"I consider myself Kiwi by birth. I was brought up here, and I was born here."
Kumar's parents migrated to New Zealand from India more than 20 years ago.
His father initially worked as a sales manager before bringing over his wife.
However, both failed to renew their visas a few years after their arrival.
In 2002, his mother gave birth to a daughter who received New Zealand citizenship under immigration law at the time.
However, the government ended this policy in 2006, just months before Kumar was born - leaving him without any legal residency status.
Kumar's father, whom RNZ has agreed not to name, echoed his son's concerns.
"My family is in a very difficult situation, and we don't have anyone back in India. Daman has never been to India, and it will be extremely hard for him to adjust there," he said.
Daljit Singh, president of the Supreme Sikh Society Photo: Rizwan Mohammad
Community calls for solutions
Supreme Sikh Society president Daljit Singh said it was important to find a solution in cases involving overstayers, as Kumar was not the only teenager likely caught up in such a situation.
"We have raised this issue with ... political parties multiple times," he said.
"Our community wants the government to find a solution."
Singh, who is also part of the Takanini Gurdwara Sahib, said this was not just an issue for the Indian community but for New Zealand as a whole.
"These children were born in New Zealand and have never known any other country. What harm are they going to cause?" he asked.
According to Singh, many of these children were born while their parents held valid visas, and he believed they deserved the right to live in New Zealand legally.
He also highlighted the risk of migrant exploitation, warning that inaction by the government could worsen the situation.
"Not getting involved in finding a solution to the overstayer issue might increase exploitation," he said.
In 2023, RNZ spoke to multiple overstayers who claimed they were exploited by employers aware of their undocumented status.
In 2024, another overstayer chose to return to India after spending seven years fighting for a visa.
"I've fought for years to become a legal resident of this country, but it hasn't happened," he told RNZ in January 2024.
Chris Penk, associate minister for immigration Photo: RNZ / Samuel Rillstone
Labour's 2023 amnesty pledge
The Labour Party proposed a one-off amnesty program for overstayers on the campaign trail in the lead-up to the 2023 election.
However, its election loss dashed any hopes of implementation.
The National Party, which formed a coalition with ACT and New Zealand First, has ruled out an amnesty for overstayers.
"The associate minister will be considering advice on the matter," a spokesperson for Penk's office said.
"No decision has yet been made. To date, decisions have been made by Immigration NZ officials, as is standard practice. The associate minister will consider all relevant factors before reaching a decision."
Green Party immigration spokesperson Ricardo Menéndez March described Kumar's potential deportation as a "great injustice" and urged Penk to intervene.
"The hope here is that Minister Penk uses the powers given to him by the law to grant him and his parents a valid visa so they can finally put roots down in the communities they belong to," Menéndez March said.
Indian consulate's advice
A spokesperson for the Indian mission in Auckland confirmed that services such as Overseas Citizenship of India (OCI) and visas are available for individuals like Kumar, who was born to Indian parents but does not hold an Indian passport.
"For Indian nationals who have overstayed their visas, the consulate may issue them an emergency certificate for travel back to India after verifying their Indian nationality and obtaining a police clearance certificate from local authorities," the spokesperson said.
