‘Stateless’ Ottawa-born man loses bid for citizenship

Latest update on the Budlakoti case.

In the end, keeping him in limbo rather than acknowledging his statelessness and regularizing his status, while reinforcing the overall Government messaging on fraud, is likely to be more costly, in terms of ongoing legal appeals and that he cannot work:

Budlakoti had no idea he wasn’t an official Canadian citizen until May 2010 when he ran afoul of the law. He was sentenced to three years in prison for weapons and cocaine trafficking, and ordered deported in December 2011 based on what federal officials deemed his “serious criminality.”

But India rejected him. Indian officials said Budlakoti is not a citizen and have refused Canada’s request to issue him travel documents.

It means that Budlakoti continues to live under the restrictive terms of a federal deportation order that can’t be enforced. He must report every month to the Canada Border Services Agency and live with his family. His other family members, including his parents, are all Canadian citizens.

For his part, Budlakoti contends he is effectively stateless: living in a legal limbo without health care, social services or employment opportunities.

‘Stateless’ Ottawa-born man loses bid for citizenship | Ottawa Citizen.

‘I can’t be stateless’: Born-in-Canada criminal fighting deportation after Ottawa decides citizenship not valid

Interesting case of Deepan Budlakoti, born, raised and lived in Canada but to parents with diplomatic status but who has lived all his life in Canada:

Mr. Budlakoti is being removed from Canada for ‘serious criminality.’ He served significant jail time [three years] for trafficking both weapons and drugs. Even though Mr. Budlakoti was born in Canada, he is not a citizen due to the 1977 Citizenship Act which amended the rule to exclude all children of foreign-born diplomats born in Canada from Canadian citizenship unless one of the parents was a Canadian citizen or permanent resident. No application for citizenship has ever been made by him or on his behalf.”

Canada is a signatory to a 1961 international convention that imposes a duty to reduce statelessness.

Asking a court to declare Mr. Budlakoti’s citizenship “is an exceptional remedy because this is an exceptional case,” Mr. Hameed said. “It’s exceptional because Deepan was born in Canada, lived his entire life in Canada, and was assured on multiple occasions by the government of Canada that he was a Canadian citizen. … If there was an issue or a problem, the onus was clearly on the Canadian government to have done its due diligence, to determine whether or not there’s some exception to the rule or whether they have their records straight.”

To argue today, more than two decades later, that Canada made a mistake by issuing the passports is “very prejudicial and unfair,” said Mr. Hameed. “Now, with a finding of criminal inadmissibility, it basically bars him from taking the normal steps that he would have taken, or could have taken, to become a citizen earlier on.”

‘I can’t be stateless’: Born-in-Canada criminal fighting deportation after Ottawa decides citizenship not valid