The teen's lawyer says he's never seen a case like it in 28 years in immigration law. Video / Cameron Pitney
Daman Kumar, 18, has been offered residency after facing deportation despite living here all his life. His parents, overstaying for 24 years, must leave, causing disappointment over the family’s separation.
The Green Party’s Ricardo Menéndez March says he’ll continue to campaign for the parents to remain and wants a review of citizenship laws.
Kumar’s lawyer Alastair McClymont says it should not take media coverage for the government to pay attention to injustices in migrant cases.
Daman Kumar – the 18-year-old threatened with deportation to India despite living in New Zealand all his life – has been offered residency.
Green Party immigration spokesman Ricardo Menéndez March told the Herald he was informed of the development by Associate Immigration Minister Chris Penk’s office this afternoon.
Menéndez March wrote to the minister last week, urging him to intervene and give Kumar and his parents residency.
However, Menéndez March said Kumar’s parents, who have been overstaying in New Zealand for about 24 years, will still be made to leave.
“We are disappointed he has chosen to separate the family,” the MP said.
Green Party MP Ricardo Menendez-March. Photo / Mark Mitchell
Menéndez March was also highly critical of the way the decision had been made by Penk.
He said Kumar should not have had to “spill his guts” to the media for the minister to get involved.
“What we have is successive Governments taking an offhand approach at the expense of the livelihoods of people – many who have long-term connections to this country.”
Daman Kumar was initially told by immigration officials he’d have to leave the country on Monday, or he’d be issued with a deportation order.
Daman Kumar (right) and sister Radhika Kumar (left) were both born in New Zealand. He was being threatened with deportation.
After the Heraldhighlighted the storyon Friday, Penk said he would look into the case.
That was despite his own officials already declining a request for ministerial intervention.
Penk told the Herald that it’s common for his officials to be delegated to make decisions on his behalf.
However, after he was approached by Menéndez March on Friday, he agreed to personally investigate the situation.
“Following careful consideration, I am prepared to grant Mr Daman Kumar a resident visa,” Penk said.
Kumar’s 22-year-old sister Radhika Kumar has been allowed to stay in New Zealand lawfully because she was born before changes to the Citizenship Act in 2006.
18-year-old Daman Kumar, who has lived in New Zealand all his life, was being threatened with deportation.
Daman Kumar appealed publicly to authorities to let him remain in New Zealand where he was born and went to school.
The teenager has never visited India.
“This is my home and my country. I feel a very deep connection to this country as I’ve been here my whole life and all I ask is that I’m given a chance,” he told the Herald.
He said the case highlighted an urgent need to address issues of birthright citizenship and long term overstayers.
“More fundamental however is the questions about why it requires the concerted effort of the news media and thousands of caring Kiwis to hammer away at the minister of immigration just to get the right decision.”
McClymont said migrants are often powerless and it’s tragic that those without a voice can only get justice through media and the court of public opinion.
Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the Herald’s video team in July 2024.
