Born in New Zealand, Daman Kumar asked to go to his parent's country; Here's Why
-My stay here has been extended twice.
- The law was changed on January 1, 2006.
Harjinder Singh Basiala
Auckland (New Zealand), February 15, 2025: - Daman Kumar, 18, of New Zealand, was born in New Zealand, but due to a legal blunder, he is not getting citizenship of this country and has now been ordered to return to India (his parents' country).
He had been allowed to stay here twice before, but now all the recourse is exhausted and he has been asked to leave the country next Monday. If this does not happen, he can be deported. This news is attracting everyone's attention with the reaction given by his lawyer in the national media. Many people and organizations have condemned it. It is worth mentioning that Daman Kumar has not been to India yet. Daman Kumar's sister, who is 22 years old, is allowed to stay here legally and is a citizen here. Because she was born before the change in the law and she acquired citizenship at birth. At that time, the law said that children born here before 01 January 2006 would automatically get New Zealand citizenship.
Then, after the law was changed, a condition was made that one of the parents of those born after 01 January 2006 should be a New Zealand citizen or permanent resident.
This was not the case in Daman Kumar's case, as his parents were also overstaying here illegally then. The family sent a request to Associate Immigration Minister Chris Penk, but his office rejected it
Immigration New Zealand justified its decision by saying that the family was in the country illegally and should leave the country as soon as possible.
Steve Watson, general manager of investigations and compliance, acknowledged the difficulty of the situation but clarified that children born after January 1, 2006, are entitled to their parents’ visa status.
Because Daman’s mother, Sunita Devi, was in the country illegally at the time of his birth, he could never have been eligible for residency. The family’s deadline for return has already been extended twice while legal action is being taken.
The siblings’ parents, who came to New Zealand almost 24 years ago (2001) and overstayed after a few years because they were denied visas, have also been asked to leave the country.
Now neither here nor there: Daman, who had plans to start a university and contribute to New Zealand society, told the media that he is pleading with immigration officials to allow him to stay in the country he has called home.
He fears that if he is forced to go to India, where he has no connections and cannot read or write the language, Punjabi, he will face many setbacks. So the twist in the law has created a 'neither here nor there' situation for this family.
During his school years, Daman kept his immigration status a secret, wanting his peers to treat him equally. Now, as he faces an uncertain future, his sister Radhika says the decision to deport him will tear their family apart.She believes the minister should intervene to prevent what she sees as an unjust outcome for her brother and parents. National media quoted the lawyer involved as describing the case as "utterly shameful", saying Daman was being treated like a criminal despite being innocent.
Meanwhile, Green Party immigration spokesman Ricardo Menendez urged Minister Penk to reconsider. A decision may be made in favor of this young man on humanitarian grounds, but time will tell how it will be untied given the legal tangle.