• 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.

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.

Green Party whip Ricardo Menendez-March durinh his standup at Parliament, Wellington, 28 August, 2024. NZME photograph by Mark Mitchell

However, Menéndez March said Daman’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,” he said.

He was also highly critical of the way the decision had been made by Penk.

He said Daman 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.

18-year-old Daman Kumar (right) and 22-year-old Radhika Kumar (left) were both born in New Zealand. Daman is being threatened with deportation.

• ‘No decisions made’: Deportation of NZ-born teen on hold
• ‘Absolute disgrace’: NZ-born teen’s looming deportation to India draws outrage
• 'Really complicated': Immigration lawyer raises questions about Daman Kumar's case

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.

After the Herald highlighted the story on Friday, Penk said he would look into the case.

That was despite his own officials already declining a request for ministerial intervention.

The Herald has approached Penk’s office for comment.

Daman’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, is 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 18-year-old 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.

Kumar said he’d have no idea how to find a job in India given a lack of connections there and inability to read and write Punjabi.

“If I go to India, they’re just setting me up for failure.”

Menéndez March said he would continue to campaign for Daman’s parents and wanted a review of citizenship laws.

“We remain determined to fight for his parents so he is not separated from his support network that allowed him to grow up in New Zealand.”

Daman’s lawyer, Alastair McClymont said it was a bittersweet decision.

‘Whilst we are delighted for Daman, the family now face being torn apart," he said.

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.