The Extraordinary Statelessness of Deepan Budlakoti 15
to statelessness results in the most egregious of harms.23 In January 2016,
Budlakoti was incarcerated on a new charge and subsequently released in
August 2016 under strict monitoring and curfew conditions and subject to
unannounced visits to his residence from Canadian Border Services Agency
officials. At different points, Budlakoti’s citizenship extinguishment involved
the seizure by authorities of those documents which had long been “proof” of
his legal identity as a citizen (e.g., his passport and later his birth certificate).
Thus far, Budlakoti has engaged in a fruitless round of litigation to regain
his Canadian citizenship, having had his case decided first by Citizenship and
Immigration (CIC) officials and the Immigration and Refugee Board (IRB),
and then heard by the Federal Court and the Federal Court of Appeal. The
courts have refused to decide on “a factual matter” that had already been
decided upon by the IRB. Thus, the IRB can be said to have enlisted the
Federal Court and Federal Court of Appeal to form an “eddy” of common
opinion regarding the “factual matter” (the dates of Budlakoti’s parents’
cessation of employment with the Indian High Commission). The courts have
also refused to provide a bare declaration of citizenship, arguing that
Budlakoti had not exhausted all avenues or grounds for acquiring citizenship
either in Canada or in India, the country of his parents’ birth. In January
2016, the Supreme Court declined Budlakoti’s request for leave to appeal.
His legal team has since worked to prepare an application under the
Citizenship Act to the Citizenship Minister, assembling the documents that
provide an alternative narrative to the “administrative error” and “diplomatic
exception” stories created through the documental networks of the IRB and
Canadian courts.
The “Diplomatic Exception” to Birthright Citizenship
I will now turn to one of the key junctures or interaction of elements in the
networked production of Deepan’s statelessness – the rulings of immigration
officials, an IRB tribunal, the Federal Court and Federal Court of Appeal that
Budlakoti was not a Canadian citizen under paragraph 3(1)(a) of the
Canadian Citizenship Act. Thus far, all administrative and legal rulings have
argued against the suggestion that the Canadian government revoked
Budlakoti’s citizenship. Rather, they contend that Budlakoti had never been a
Canadian citizen, as the offspring of parents employed by the Indian High
Commission at the time of his birth; as such, his citizenship status was
governed by section 3(2) of the Citizenship Act, which prohibited Canadian
23
Trop v. Dulles, 356 U.S. 86 (1958), was a federal case in the United States in which the
Supreme Court ruled, 5-4, that it was unconstitutional for the government to revoke the
citizenship of a U.S. citizen as a punishment. Chief Justice Earl Warren described citizenship
revocation as “a form of punishment more primitive than torture” as it inflicts the “total
destruction of the individual's status in organized society” and “subjects the individual to a fate
of ever-increasing fear and distress.”
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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