New Zealand-born teen's deportation to India paused at last minute

A New Zealand-born teen's deportation to India has been put on hold at the last minute.

An immigration lawyer said he had grave concerns for the wellbeing of the 18-year-old, who has never set foot in India.

Daman Kumar and his mother Sunita Devi - who has not had a valid visa since 2004 - had until Monday 17 February to leave the country or be served a deportation order by Immigration New Zealand.

But his lawyer on Monday said Immigration New Zealand had given an assurance Kumar would not be deported on Monday.

The family is appealing to Associate Immigration Minister Chris Penk, whose office clarified on Monday a deportation notice had not been issued.

A spokesperson said a deportation liability notice (DLN) had been issued, which advised the family to voluntarily depart.

Immigration lawyer Alistair McClymont, who is representing the family, told Midday Report Immigration New Zealand told him it will not be taking any deportation action while the associate minister is considering the latest request.

He said the request was made on Friday by Green MP Ricardo Menéndez March to both Penk and the Minister of Immigration Erica Stanford. The family's approach to Penk's office several months ago had been sent on to an INZ decision-maker, not considered by a minister.

McClymont said the 18-year-old was classed as an overstayer the moment he was born and wanted to see ministerial intervention to prevent him being kicked out.

He said after being in New Zealand for more than 20 years the family had nowhere to go - particularly Kumar, who did not know the country he would be deported to and did not speak any of the major languages.

The teenager had "zero options" - being classed as an overstayer in New Zealand meant a temporary visa was off the table, and he did not qualify for any residency pathway, he said.

McClymont said Kumar was in an invidious position through no fault of his own and kicking him out could have dire consequences.

"He is clearly suffering the effects of this situation. A situation which had no involvement in whatsoever.

"[If they decide] to deport this kid back to India we really don't know what's going to happen to him - it could be catastrophic for this boy and his future."

It was a first in his 28 years of immigration law where someone had slipped through the cracks in the system, and despite humanitarian consideration, the minister had not intervened, McClymont said.

A law change 19 years ago removing automatic citizenship to those born in New Zealand meant while Kumar was an overstayer from birth, his sister, who was born before the 2006 change, was a citizen, he said.

McClymont said since Kumar's story started circulating last week he had learned of another 18-year-old Aucklander, and overstayer, who had never been allowed to go to school due to his parents fears of deportation.

It was likely there were many more out there of a similar age, in a similar situation, he said.

Minister's and Immigration NZ's response

Immigration New Zealand said after multiple failed attempts to gain a visa, the family had appealed to Associate Minister of Immigration Chris Penk who had declined to intervene.

However in a statement to RNZ on Sunday night the minister's office said he was now considering advice on the matter.

Immigration New Zealand's general manager of investigations and compliance Steve Watson said he understood it was a difficult situation for the family, but they must go voluntarily or face the consequences.

Sunita Devi had not held a valid visa since 2004, and "because she was unlawfully in New Zealand at the time of Daman's birth, he therefore inherits her immigration status as being unlawfully in New Zealand", he said.

Ministerial intervention for temporary work permits in 2010 was declined and after another failed application in 2011 the family had no further contact with Immigration New Zealand until 2024, when they applied for visitor visas under section 61 of the Immigration Act, he said.

These were also declined.

"At that point, the family sought ministerial intervention from the associate minister of immigration.

"This was declined and the family were told that they must leave the country at the earliest convenience, no later than the end of January 2025."

Watson said the deadline had been extended twice "in order for the family to exhaust all avenues and options".

"We understand that this is a disappointing outcome, particularly for Daman. However, as they are in New Zealand unlawfully, if they do not depart New Zealand by Monday 17 February 2025 they will be served with a deportation order.

If an order is served they would be banned from entering New Zealand for a period of time and would face custody and deportation costs.

'Aotearoa is my home'

Kumar said he remains hopeful that the government will allow him and his family to stay in New Zealand.

"We're much more confident than when we first went into this," he said.

Kumar first spoke to RNZ in 2023, expressing his greatest fear of being deported to India. Now, that fear feels closer than ever.

"The thought of being forced to go to India is terrifying because I have no idea what I would do there," he said.

"I don't want to stay there 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," he adds.

Kumar stressed how difficult it would be for his family to be separated and urged Associate Minister Chris Penk to make the right decision.

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 be in India," he said.

"Please show mercy to our family."

'Great injustice,' Green Party's immigration spokesperson says

The Green Party's immigration spokesperson described Kumar's potential deportation as a great injustice.

Ricardo Menendez March told RNZ the Associate Immigration Minister must intervene.

"The hope here is that Minister Penk uses the powers given to him by the law to intervene to grant him and his support network, in this case his parents, a valid visa so they can finally put roots down in the communities that they belong to," he said.

Menendez March said Penk had absolute power to grant a visa to Daman and his family.

"I think this is the time he does the right thing and intervenes."

He said successive Governments had ignored situation's like Daman's.

"This is why we need systemic solutions to ensure that we don't just have to deal with individual cases in the media, such as having an amnesty for overstayers, as well as genuine pathways to residency," said Menedez March.

"It is also pretty outrageous to see the minister initially washing his hands of any responsibility, only to cave in to public pressure, and this is why migrants should not have to spill their guts to the media in order to get justice or even the attention of the associate minister."

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