A family torn apart: In NZ, 2 siblings face uncertain future as Indian parents set to be deported

While 18-year-old Daman Kumar's deportation is halted & his sister is a citizen by birth, their parents, who have lived in the country illegally for 24 yrs, face deportation.

The Kumar family | Photo: Special arrangement

New Delhi: When 18-year-old Daman Kumar was informed that he might be deported from New Zealand to India—a country he had never set foot in—he was left confused and shocked.

For him Auckland, his birthplace and where he grew up, was his only home. He had inherited the fate of his parents’ illegal status.

Their story resonated with many, drawing public sympathy and even prompting intervention from opposition leaders. Scared yet hopeful, Daman’s family, with no ties left in India, sought legal assistance and appealed to the authorities for residency on humanitarian grounds, saying they had built their lives in Auckland and should be allowed to stay.

Daman’s deportation has since been halted. He has now been offered a Resident Visa, but the authorities Thursday ruled that his parents, living in the country illegally for over 24 years, must leave at the earliest.

The decision has left Daman and his 22-year-old sister Radhika Kumar devastated.

“At first, I was hesitant to challenge my deportation because I thought people would judge me. But the overwhelming support our family received gave me confidence. It was truly heart-warming,” Daman told ThePrint on phone.

Radhika, born before 2006, is a New Zealand citizen by birth. In January 2006 an amendment to the Citizenship Act ended automatic citizenship for children born in the country. Daman, born in June 2006, missed citizenship by six months.

Commenting on Thursday’s ruling Daman said, “There is no logic to the order. First, they said I had to leave. But I have been a Kiwi all my life—this is home. I was born here. When they said I had to leave, I was scared and nervous. I have never been to India. I don’t know the language or the people. For me, New Zealand is home,” he said.

While he is relieved that he will be granted residency, the future for him and his sister—both of whom are financially dependent on their parents—is uncertain. “How are we supposed to survive without them? This decision has torn our family apart,” he said.

“What are we, as children, without our parents? The feeling is indescribable. The government should consider granting them residency on humanitarian grounds. They have lived here for so many years, worked and paid taxes. The thought of my parents being taken away is terrifying,” he said.

Responding to the queries by ThePrint, Associate Minister of Immigration Chris Penk said that he first became aware of the case concerning Daman Kumar and his parents on 14 February.

“Following careful consideration, I am prepared to grant Mr Daman Kumar a resident visa.”

He said there are numerous requests for ministerial discretion in immigration cases made every week. Across successive governments it has been the standard practice for Ministers to have Delegated Decision Makers from Immigration New Zealand handle some of these requests on their behalf, given the high volume of applications.

“In the present case, a Delegated Decision Maker had declined to intervene, but an application was made by a Member of Parliament on that same Friday afternoon, requesting that I exercise discretion in favour of all three family members,” Penk said.

“I have communicated this decision to the Member of Parliament who contacted me about the case,” he added.

‘Anti-migrant politics gaining a lot of traction’

Daman’s sister Radhika, too, called the decision “extremely heartbreaking”.

“All these years, New Zealand has been our home. If our parents are forced to leave, what will we do? We are still dependent on them. The decision is so unfair,” she said.

Daman and Radhika | By special arrangement

Kumars’ family lawyer, Alastair McClymont, who represented their case and got a stay on Daman’s deportation, said he would try to find a way to help the parents.

Speaking to ThePrint he confirmed that Daman has been offered a Resident Visa by the Associate Minister of Immigration, Chris Penk.

“Whilst we are delighted for Daman, the family now must face being torn apart so their delight at the news is mixed with great sorrow,” he said.

McClymont said that Daman’s case has reignited the entire debate on birthright citizenship and long term overstayers in the country, with the matter now being discussed in New Zealand’s parliament.

He said Daman’s parents had come to New Zealand on a work visa. His father was initially employed as a sales manager, but when his visa could not be extended, he continued to stay illegally. However, despite his undocumented status, Kumar’s father has been paying taxes, McClymont added. Twice they had been issued notices to leave when their immigration status came to the authorities’ attention, but they were never threatened with deportation.

It was just a few months back, on the advice of an immigration adviser, that Kumars submitted an application to the Minister of Immigration requesting residency for the family on humanitarian grounds.

“Normally, in such circumstances, residency would be granted. The family has been living in New Zealand for long. With anti-migrant politics gaining a lot of traction these days, with a similar story playing out in the United States, the government seems to be taking a hard line,” McClymont said.

McClymont said there are hundreds of children like Daman who may have unknowingly inherited their parents’ undocumented status.

“Daman’s case has sparked a wider conversation, with politicians now campaigning for a change in the law. There must be hundreds of children in similar situations who could be saved after the success of this case,” he said.

While it is great that Daman will be granted residency, the more fundamental issue is why it takes the concerted effort of the news media and thousands of caring Kiwis to pressure the Minister of Immigration to make decisions.

“Migrants are often voiceless and powerless. It is a tragedy that those without a voice can only obtain justice through the media and the court of public opinion,” McClymont said.

(Edited by Sudha V)