A New Zealand-born and raised teenager who had never left the country but faced being deported has been offered a resident visa.
Associate Immigration Minister Chris Penk said he offered 18-year-old Daman Kumar the chance to stay in New Zealand following “careful consideration” of his last-ditch appeal.
Kumar’s case drew nationwide attention after it emerged he faced deportation to India — a country he had never visited — due to his parents’ immigration status.
His parents have lived in New Zealand for about two decades as overstayers. The 18-year-old’s sister, 22, has citizenship as she was born before changes to rules in 2006.
Reacting to the news of Penk’s decision, Kumar told 1News, “words cannot describe how” his advocate, MP Ricardo Menéndez March, and his lawyer have “done me justice”.
“However, I am disheartened to say that my parents were not granted legal status in this country. I’m currently going through a lot of conflicted feelings.
“On one side of the story, I’m obviously happy I’ve finally been granted legal status in this country, but on the other hand, I’m worried about the fact that my parents won’t be.
“I mean, who wouldn’t want their parents to be here in their lives to see all their achievements?”
Kumar’s lawyer Alastair McClymont said the parents “have been told that they must leave New Zealand immediately.
“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 continued: “Daman’s case highlights the urgent need to address issues of birthright citizenship and long-term overstayers.
“More fundamental however is the question 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.
“Migrants are often voiceless and powerless and it’s a tragedy that those without a voice can only obtain justice through the media and the court of public opinion.”
The decision by Associate Minister Chris Penk to use his ministerial discretion comes after Kumar’s grace period for voluntarily leaving the country expired on Monday.
However, Immigration NZ held back on serving a deportation order in the case after Penk on Monday said he’d consider further advice on Kumar’s case.
Penk today said he was first directly notified of Kumar’s case on Friday by Menéndez March. He said a previous rejection of an appeal from the 18-year-old’s lawyer came from an Immigration NZ delegated decision maker.
“I first became aware of the case concerning Mr Daman Kumar and his parents last Friday afternoon, following a media enquiry as to whether I had knowledge of the situation,” he said in a statement.
“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 NZ 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.”
“Following careful consideration, I am prepared to grant Mr Daman Kumar a resident visa.”
