18-year-old born in New Zealand to Indian parents faces deportation after residency bid rejected

Born in New Zealand, facing deportation to India

An 18-year-old, Navjot Singh, born in Auckland to Indian parents, is facing deportation to India after losing his bid for New Zealand residency, despite never having left the country.

He was born in 2007, considered an overstayer because his parents were in New Zealand unlawfully at the time of his birth. Associate Immigration Minister Chris Penk recently declined his application for residency via ministerial intervention, which could have regularised his status. With no other legal options available, Singh now faces deportation to a country he has never visited.

Singh said he first learned of his situation at the age of eight. “I asked my mum why I wasn't at school, and then she had to tell me," he said. "Ever since, I've been living in fear. I couldn't even be honest with my friends."

He added that he is terrified about moving to India, where he has no support network and does not speak Hindi. "I don't think I'll survive in India," he said. "I don't speak Hindi. I've heard that people with higher qualifications can't find jobs there, so what would I do?"

The case arises from a 2006 law that ended automatic birthright citizenship. Children born in New Zealand after January 1, 2006, do not gain citizenship unless at least one parent is a citizen or permanent resident at the time of birth.

Singh’s immigration lawyer, Alastair McClymont, called the deportation decision “inhumane” and said it ignores the realities faced by young people like Singh. "It makes no sense to deport children who have grown up here to a foreign country," McClymont told RNZ, urging New Zealand to follow countries like Australia and the UK, which grant citizenship to children who have lived there for a decade.

Singh also described his mother’s struggle raising him without legal status. "Raising a child as a single mother is really tough–imagine doing that without legal status," he said. "We only survived with the help of our friends and the community."

Community leaders and politicians have spoken out against the decision. Daljit Singh, president of the Supreme Sikh Society, said, "When somebody told me he was 15-year-old and had never been to school, that's something I found very difficult to digest. He was born in New Zealand and is part of our community. What harm will children like Navjot bring to New Zealand? We shouldn't punish these children because it wasn't their fault."

Green Party immigration spokesperson Ricardo Menndez March also criticised the decision, saying deporting children to unfamiliar countries causes hardship and severs essential support networks.

A spokesperson for Immigration Minister Erica Stanford told RNZ that while no policy work is underway regarding children born after 2006 to parents without legal status, individual cases may be considered through the Immigration Protection Tribunal or ministerial intervention.

Phil Twyford, immigration spokesperson for the Labour Party, urged the government to review the situation and find a "better way" for children of overstayers.

Singh’s father was deported when he was just five days old, and his mother lost her legal status when he was five. He has never had access to education, healthcare, or other basic rights in New Zealand.