20 Daiva Stasiulis
imposed by law” (Sloane, 2009, p. 5, emphasis added). A test of “effective
nationality” seems appropriate in the Budlakoti case, whereby genuine links
in Canada, created in part by the state’s repeated treatment and verification of
Budlakoti as a citizen for over 20 years, provide strong arguments for the “rerecognition” of his citizenship.
The courts have also declared Budlakoti’s statelessness to be “premature”
in that he has not pursued other grounds than birthright citizenship, such as
“Special and unusual hardship” of Subsection 5(4) of the Canadian
Citizenship Act. They also have suggested that Budlakoti should explore
application for Indian national status or citizenship: they import essentialist
reasoning to assert that since he was “born of two Indian nationals” this gives
him “considerable connection with India” (Budlakoti v Canada (Citizenship
& Immigration), 2015 FCA 139, para. 32, 49).
The courts define Mr. Budlakoti’s legal status as not necessarily and
prematurely stateless, arguing that his circumstances are not beyond his
control. It can be very difficult to provide satisfactory evidence of
statelessness as it requires proving a negative, the absence of a nationality. It
is also unjust that some one who has had his life-long citizenship
extinguished in the country where he was born and lived his entire life has
additionally to undergo overwhelming financial debts and prolonged process
to prove that he has no nationality (in this case in India). In the interim stretch
of many years, his everyday life is plagued by the indignities and “protection
gap” of de facto statelessness.
Conclusion
As the most abject “Other” to the citizen, the stateless serve an important
boundary function for the state in securing its sovereignty and stabilizing its
borders (Kerber, 2009, p. 31). The “stateless serve the state,” writes Linda
Kerber, “by signaling who will not be entitled to its protection, and throwing
fear into the rest of us” (Kerber, 2009, p. 31). The decision by the
Conservative government to strip Mr. Budlakoti’s citizenship was clearly
shaped by the motivations underlying its citizenship revocation reforms that
“tethers citizenship revocation to criminal convictions” (Macklin, 2014, p.
29). By making citizenship alienable on the basis of a sliding scale of
“criminality,” citizenship is no longer a right but a “revocable privilege” and
is downgraded to an “enhanced form of conditional permanent residence”
(Macklin, 2014, p. 29). Under the Conservative government, which stripped
Budlakoti of both his citizenship and basic human rights, an application to the
Citizenship Minister under the prior government was perceived by Budlakoti
to be tainted by pre-judgments regarding his criminality as grounds for
citizenship stripping and exile (Keung, 2013)
Utilizing the insights of Actor-Network Theory (ANT), the production of
Budlakoti’s statelessness has been traced through heterogeneous networks
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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