Strict immigration rules, regulations and a turbulent marriage separation has torn a mother and son apart after he was suddenly deported from New Zealand. 

In February, David Baker, 21, was confronted by a group of police officers before he was escorted to the Hastings cells for being in the country illegally. 

After calling New Zealand home for the last 12 years, he's returned to a strange country - Johannesburg, South Africa. 

He doesn't know the country and it doesn't know him, he has no family there, no connections and no friends.  

Originally on a student visa while at high school, he was later placed onto a visitor's visa but his mother, Gillian Olivier,​ forgot to renew it during a marriage separation. 

Leaving an abusive relationship of 14 years, she was organising restraining orders in a bid to keep her three sons safe, but the renewal for David slipped through the cracks. 

He temporarily moved out of his mother's house for safety reasons, but always had plans to return home.

David was arrested on February 14 and was granted bail three days later to his mother's house. 

Immigration New Zealand arrived at the address on February 24 with an order for David's deportation on February 26. 

"They told me if he didn't go they would arrest him again and put him on the flight with cuffs," Olivier said.

Anxious family members around the world rallied together to find him temporary accommodation with the few connections they had left in the city. 

Dressed in black, Olivier sits on her couch in her home, her two younger sons by her side, the walls are peppered with family pictures, David in nearly every one of them. She works hard to hold back tears every time his name is mentioned. 

One of his step-brothers is wearing David's gold chain around his neck. He twists it in his fingers when asked if he misses his brother. He nods.

"David's been my rock, we're very close with everything we've gone through together. In troublesome situations he always relies on me to try and help him," Olivier said.  

"Both his brothers have taken this really hard. I don't understand why they (INZ) didn't give him the opportunity to appeal to stay in New Zealand when his family is here. He hasn't got anyone else." 

The family moved to New Zealand from Johannesburg 12 years ago in hopes for a better life. David was nine and his two step-brothers were just toddlers. 

"I was a police officer there for years, I saw a lot of stuff go down," Olivier said.

"We moved for the kids' safety. Our house got broken into while we were all sleeping. That's when I knew I had to leave." 

Oliver remains in New Zealand on a working visa, while her younger sons are on student visas. 

Immigration New Zealand's general manager for verification and compliance Stephen Vaughan said INZ advised David to obtain a visa after his student one expired, granting a visitor visa (lasting three months) to allow him time to do so. 

It expired in November 2019, the time Olivier was going through her separation process, and Vaughan said there were "some circumstances where individuals wouldn't receive a reminder notification, which was the case for David. 

"It is the responsibility of the applicant to ensure they obtain a further valid visa regardless of whether they receive proactive reminders," he said.

"People who stay in New Zealand longer than their visa allows are unlawfully in the country and are automatically liable for deportation. In most cases, people have 42 days from the date they became liable for deportation to appeal against that deportation on humanitarian grounds to the Immigration and Protection Tribunal (IPT).

Vaughan said INZ could serve individuals with a deportation order once their appeal rights expired. 

Olivier's lawyer, Mark Luscombe, said it was one of the "harshest deportations" he'd seen in his time. 

"I've seen numerous deportations in the last 20 years. By their very nature deportations are harsh. But the question is whether a deportation is justified, or deserved."

Luscombe said deportation depended on three factors, behaviour (what has a person done to trigger deportation),
New Zealand circumstances (who will be affected), home country circumstances (family support available, political stability, employment prospects).

"There is a reasonable explanation for why and how he became unlawful embedded in his dysfunctional family circumstances which have now been addressed by his mother.

"Something doesn't add up. It's one of the harshest deportations I've seen in my time, and the way the Ministerial discretion to intervene works is that David Baker and his mother will never know what reasons lead to the decision to deport - as neither the immigration officer nor the Minister provided reasons."

Luscombe said Olivier was now in a "precarious position", having separated, and must find full time skilled employment to sustain a stand-alone visa for herself, to allow herself and two sons to remain in the country. 

When asked if the family qualified for residency, Luscombe said he'd never acted for the family in respect of any applications. 

"I suspect the family were eligible for residency for several years, and from Gillian Olivier's account of discussions with her ex-husband over the years it appears the state of their marriage was said to be the barrier to residence." 

INZ said it couldn't comment about whether an individual was eligible for a residency.

"Without an application we cannot test whether their situation meets residency requirements," a spokesperson said.

Family friend and Flaxmere councillor Peleti Oli was shocked when hearing about David's sudden deportation. 

"He's a gentle giant, he'll help anyone out. Many times in town I've seen him help an old lady cross the street. That's who he is, he's friendly, he's extroverted, he'll talk to anyone."

Olivier has approached Prime Minister Jacinda Ardern for help and received a letter of acknowledgement from her office.