A Kiwi father who was left quadriplegic after snapping his neck in a horrific accident is facing deportation from Australia - a move that would force him to leave his only daughter behind.

On February 21, Damion Miller snapped his neck and severed his spine on a sandbank at Newport Beach in Sydney while diving over a wave, leaving him paralysed from the neck down.

But the 35-year-old, who has lived in Australian since he was a teenager, doesn't qualify for the National Disability Scheme, despite paying his taxes, taking a mortgage out on an apartment and working 6-days a week before his accident.

Miller's social worker and three doctors explained his claim was rejected because he was still classed as a New Zealand citizen.

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It means Miller, who is in a wheelchair, won't be able to receive rehabilitation treatment required to help him cope with his injury.

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To make matters worse, Miller says the Australian Government is threatening to deport him, a move that would separate from his 5-year-old daughter Maddison and his partner Celeste.

Damion Miller after his freak accident with his partner Celeste and daughter Maddison. Photo / A Current Affair
Damion Miller after his freak accident with his partner Celeste and daughter Maddison. Photo / A Current Affair

"It's hard for a five-year-old to understand and I don't know what to say to her," he told A Current Affair.

His daughter has also made an emotional plea, saying "I want him to stay with me", as Miller teared up next to her.

"I don't want my daddy to go back to New Zealand and I want him to stay with me."

Celeste said his daughter plays a big part in his recovery and to separate them would be cruel.

"The only thing that gets him through the days and nights is watching his little girl grow up and now they're trying to take that off him.

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"He's lost his whole life and now they're telling him he's going to lose his little girl too.

"They can't break up a dad and his little girl, they can't send him home."

Damion Miller before his freak accident with his partner Celeste and daughter Maddison. Photo / A Current Affair
Damion Miller before his freak accident with his partner Celeste and daughter Maddison. Photo / A Current Affair

Miller's only current choice is to stay in hospital while Covid-19 restrictions remain in place, or head back to New Zealand, where he has no support to help look after him.

A GiveALittle page has been started in a bid to raise funds to help support Miller and his family.

So far more than $7000 has been raised.

His heartbreaking situation caught the eye of federal MP Jason Falinski, who has promised to help the 35-year-old launch an application to gain Australian citizenship.

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Falinski says when Miller lodges his application, "we'll be standing right next to him to make sure that happens as quickly as possible".

Miller told A Current Affair while he isn't an Australian citizen yet, it's wrong to punish a daughter simply because her father had a freak accident.

"She's my future, she's the one I'm trying to be strong for and get through this. I want to get to that stage where we get to be a family again," Miller said.

"Every child needs a dad in their life, I just can't accept that they would actually send her father to another country because he had an accident."