Deportation fear haunts Kiwi teen
Lincoln Tan
It was in January 2009, and Eason Diao vividly remembers a few men forcing their way into his home, pushing him against the wall and taking photos of him.
His dad, Chuanjin Diao, was pushed to the ground and arrested as mum, Xianglan Hao, broke down and started screaming.
Eason was then just 5 years old, and didn’t understand at the time that his parents were overstayers and had been living in New Zealand unlawfully.
Diao, an overstayer of more than 18 years, died suddenly two weeks ago after falling off a ladder.
Eason, now 17, said scenes from 12 years ago have started returning to his mind and he is filled with fear that his 65-yearold overstayer mother will now be the target for deportation by Immigration NZ.
Under the British Nationality and NZ Citizenship Act 1948, Eason automatically became a citizen because he was born before the law change in 2006.
He is one of an unknown number of children born to parents who were in New Zealand at the time.
The family’s immigration adviser Tuariki Delamere, a former minister for immigration, said Eason’s parents were legitimately and lawfully served deportation orders in 2009.
“When I was Minister of Immigration I always signed off on the deportation of such persons, except when those persons were the parents of a New Zealand citizen child,” Delamere said.
“That is why I agreed to represent the parents, because their son Eason was by birth a
New Zealand citizen.”
It was alleged that immigration officials forced their way into the family’s home, grabbed Eason off the couch as he was watching TV, pushed him against the wall and snapped photos they needed for a Chinese entry permit so they could send him back with his parents.
His father was arrested and taken to Mt Eden prison pending deportation.
“At the time the late Mr Diao was being held in Auckland Prison pending deportation, Ms Hao was not taken into custody so that she could look after Eason,” Delamere said.
“I then discovered that immigration officers were conspiring with the Chinese Consulate to have him issued a Chinese travel document, so that he could be deported as well.”
Delamere said Hao suffered a mental breakdown and was admitted to hospital, and Diao was held in prison for three months before he was released.
“During that time, Eason lived with me and my family and attended primary school with several of my children until his parents were able to care for him,” Delamere said.
“I have, in a way, become Eason’s de facto Kiwi grandfather, which is why he always calls me Koro. Eason has been a record of success at school as a student, as an Auckland swimming champion and as a national champion ballroom dancer.”
Delamere says he will now be fighting for Hao to remain in New Zealand with Eason because “all they now have left is each other”.
He believed it was only appropriate for the Minister to grant her a residence visa under humanitarian circumstances, or at least a one day visa so she can test her case with the Immigration and Protection Tribunal.
Eason said he and his mother felt extremely vulnerable without his dad.
“Dad was our rock, he was my everything, and he’s always been the one reassuring us. Now that he’s gone, I really don’t know what to do,” he said.
Stephen Vaughan, INZ’s general manager border and visa operations, confirmed Eason is an NZ citizen and his mother was “in New Zealand without a valid visa and is therefore unlawful”.
“Mr Diao, who has now passed away, was also unlawfully in New Zealand,” Vaughan said.
He said Hao should approach INZ to discuss her case and options for remaining in New Zealand.