18-year-old Daman Kumar, who was born and lived in New Zealand, faces the risk of deportation to India—a country he has never set foot in, The New Zealand Herald reported. He has been ordered to leave by Monday or risk a formal deportation order. Daman's lawyer, Alastair McClymont, who is representing the family pro bono, has condemned this move, calling it an unprecedented injustice, Herald reported.
Daman's case is further complicated by the fact that his 22-year-old sister, Radhika Kumar, is permitted to stay legally. She was born before the 2006 amendments to the Citizenship Act, which removed automatic citizenship for children born in New Zealand unless at least one parent held a valid visa.
The family had submitted a special direction request to Associate Immigration Minister Chris Penk, but it was declined by his office. Immigration New Zealand (INZ) justified its decision, stating that the family is in the country unlawfully and must leave at the earliest opportunity.
INZ’s general manager of investigations and compliance, Steve Watson, acknowledged the difficulty of the situation but clarified that children born after January 1, 2006, inherit their parents’ visa status. Since Daman's mother, Sunita Devi, was unlawfully in the country at the time of his birth, he was never eligible for residency.
The agency noted that it had already extended the family’s departure deadline twice.
The siblings’ parents, who have lived in New Zealand as overstayers for nearly 24 years, also face the threat of deportation.
Daman, who had plans to start university and contribute to New Zealand society, told Herald that he is pleading with immigration officials to allow him to stay in the only country he has ever called home. He fears he would be set up for failure if forced to relocate to India, where he has no connections and cannot read or write Punjabi.
Throughout his school years, Daman kept his immigration status a secret, wanting to be treated equally by his peers. Now, as he faces an uncertain future, his sister Radhika says the decision to deport him would tear their family apart. She believes the Minister should intervene to prevent what she sees as an unjust outcome for her brother and parents.
Herald quoted McClymont calling the case an “absolute disgrace,” saying Daman is being treated as a criminal despite being blameless. He expressed concern that New Zealand’s immigration policies were mirroring the hardline approach seen in the United States.
Meanwhile, Green Party immigration spokesperson Ricardo Menéndez March is urging Minister Penk to reconsider. He argues that New Zealand is all Daman has ever known and that he has no ties to India. Menéndez March has written to the Minister, asking him to grant residency to Daman and his family so they can remain in the country they call home.
As the Monday deadline looms, Daman holds on to hope that a last-minute intervention could prevent him from being forced to start anew in an unfamiliar land.
ISSUE
