A New Zealand-born teen's deportation to India has been put on hold at the last minute.
An immigration lawyer said he had grave concerns for the wellbeing of the 18-year-old, who has never set foot in India.
Daman Kumar and his mother Sunita Devi - who has not had a valid visa since 2004 - had until today to leave the country or be served a deportation order by Immigration New Zealand.
The family is appealing to Immigration Minister Chris Penk.
Immigration lawyer Alistair McClymont, who is representing the family, said the 18-year-old was classed as an overstayer the moment he was born and wants to see ministerial intervention to prevent him being deported.
He said after being in New Zealand for more than 20 years, the family had nowhere to go - particularly Kumar, who did not know the country he would be deported to and did not speak any of the major languages.
The teenager had "zero options" - being classed as an overstayer in New Zealand meant a temporary visa was off the table, and he did not qualify for any residency pathway, he said.
McClymont said Kumar was in the position through no fault of his own and deporting him could have dire consequences.
"He is clearly suffering the effects of this situation. A situation which he had no involvement in whatsoever.
"[If they decide] to deport this kid back to India we really don't know what's going to happen to him - it could be catastrophic for this boy and his future."
It was a first in his 28 years of immigration law where someone had slipped through the cracks in the system, and despite humanitarian consideration, the minister had not intervened, McClymont said.
A law change 19 years ago removing automatic citizenship to those born in New Zealand meant while Kumar was an overstayer from birth, his sister, who was born before the 2006 change, was a citizen, he said.
McClymont said since Kumar's story started circulating last week he had learned of another 18-year-old Aucklander, and overstayer, who had never been allowed to go to school due to his parents fears of deportation.
It was likely there were many more out there of a similar age, in a similar situation, he said.
Immigration NZ's response
Immigration New Zealand's general manager of investigations and compliance Steve Watson earlier said he understood it was a difficult situation for the family, but they must go voluntarily or face the consequences.
Sunita Devi had not held a valid visa since 2004, and "because she was unlawfully in New Zealand at the time of Daman's birth, he therefore inherits her immigration status as being unlawfully in New Zealand", he said.
Ministerial intervention for temporary work permits in 2010 was declined and after another failed application in 2011 the family had no further contact with Immigration New Zealand until 2024, when they applied for visitor visas under section 61 of the Immigration Act, he said.
These were also declined.
"At that point, the family sought ministerial intervention from the associate minister of immigration.
"This was declined and the family were told that they must leave the country at the earliest convenience, no later than the end of January 2025."
Watson said the deadline had been extended twice "in order for the family to exhaust all avenues and options".
"We understand that this is a disappointing outcome, particularly for Daman. However, as they are in New Zealand unlawfully, if they do not depart New Zealand by Monday 17 February 2025 they will be served with a deportation order."
If an order is served they would be banned from entering New Zealand for a period of time and would face custody and deportation costs.
