The teen's lawyer says he's never seen a case like it in 28 years in immigration law. Video / Cameron Pitney
The deportation of 18-year-old Daman Kumar to India is on hold, pending a decision by Associate Immigration Minister Chris Penk.
Kumar’s lawyer told the Herald Immigration NZ will not deport him or his family today.
Kumar was born in New Zealand and has never visited India.
The threatened deportation of an 18-year-old New Zealand-born man is on hold, with the Associate Immigration Minister Chris Penk telling the Herald he is yet to make a decision about the case.
That’s despite his 22-year-old sister Radhika Kumar being allowed to stay here lawfully because she was born before changes to the Citizenship Act in 2006.
The siblings’ parents have lived here around 24 years as overstayers. They have also been threatened with deportation.
Daman Kumar and his sister Radhika were both born in New Zealand. Daman is being threatened with deportation. Photo / Cameron Pitney
The Herald has seen a letter from an Immigration New Zealand (INZ) official to Daman Kumar’s representative in December stating that they had delegated responsibility to make decisions on behalf of Penk, and “after careful consideration”, his bid for ministerial intervention in his case was declined.
Associate Immigration Minister Chris Penk. Photo / Mike Scott
However, Penk’s office says he’s yet to make a call about the fate of Daman and his family.
“No decision has yet been made by the Associate Minister. To date, decisions have been made by Immigration NZ officials,” a spokeswoman said.
She said the minister would “consider all relevant factors” regarding the case before he decides what to do.
Daman’s lawyer, Alastair McClymont, told the Herald he’s confirmed with INZ that Daman and his family will not be deported today as initially threatened.
“Immigration New Zealand has given me an undertaking that they will not deport Daman and his family today and will wait until the minister has considered the latest request,” he told the Herald.
Lawyer Alastair McClymont is appealing for immigration officials to reverse its decision to deport his client Daman Kumar. Photo / Cameron Pitney
McClymont, who called the threat to deport Daman an “absolute disgrace”, said Penk could and should act swiftly on the matter.
“Section 378 of the Immigration Act allows the minister to do anything he or she likes. He could do it by phone - call them [his officials] and grant this kid a residency.”
Daman Kumar told the Herald on Friday that he wants immigration officials to allow him to remain in New Zealand – a country he calls home – so he can start university and continue to contribute to society.
“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.”
Kumar said he’d have no idea how to find a job in India given a lack of connections there and an inability to read and write Punjabi.
“If I go to India, they’re just setting me up for failure.”
Until last week, he hadn’t spoken publicly about his plight because he wanted to be treated as an equal among his peers while going through school.
“I never told anyone, but they’ve treated me as a normal person, as a normal human being in this country, as a Kiwi.”
His sister, Radhika, said the situation threatens to “rip the family apart”.
“I find that quite unfair because our whole life we’ve grown up together. I believe that the minister should definitely give my parents and my brother a chance, especially my brother, since it’s definitely not his fault,” she said.
Green Party immigration spokesman Ricardo Menéndez March said New Zealand is “all Daman knows” and he has no connection to India.
He wrote to Penk on Friday asking him to reconsider the case.
“The minister here has an opportunity to do the right thing and grant a residency class visa [to Daman] alongside his family so that they can stay in the country that they belong to,” he said.
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.
