12 Daiva Stasiulis
understanding was further reflected in Budlakoti’s inclusion in 1997 on his
mother’s Canadian passport until he was 14 years old, and his own separate
successful application for a Canadian passport thereafter. The government
“clearly had no issue with his status” in issuing these Canadian passports to
Budlakoti (Behrens, 2015, n.p.). For two decades after his 1989 birth and the
issuance of a Canadian (Ontario) birth certificate, arguably a powerful actant
that enrols other documents that are gateways to Canadian citizenship rights
(e.g., passports, social assistance, health care coverage), Deepan’s networked
existence as a Canadian citizen was unremarkable. The courts in Budlakoti
dismiss such evidence of Deepan’s citizenship by simply arguing that the
issuance of passports is “not determinative of citizenship” and merely reflects
administrative errors on the part of passport-issuing authorities (Budlakoti v.
Canada (Citizenship and Immigration), 2014 FC 855, para. 39).
Like many children of working class parents, Budlakoti had a difficult
childhood; he ran away from home and became a ward of the Ontario state,
where he witnessed and experienced violence in group homes. Like many
other troubled Canadian youth in foster care, he fell into a life of crime as a
young adult, was incarcerated and served his sentences. In December 2009,
he was convicted of break and entry and was sentenced to four months. In
late 2010, he was convicted of both weapons and narcotics trafficking and
sentenced to three years in jail. While incarcerated, a prison official profiled
Budlakoti as someone whose citizenship status should be investigated by
Canadian immigration officials. This instigated private discussions of
Budlakoti’s status among officials of Citizenship and Immigration Canada
leading to a decision in 2011 that he was in fact not a Canadian citizen. It also
led to a decision that as a permanent resident, Budlakoti was inadmissible to
Canada on the grounds of “serious criminality” under the provisions of s.
36(1) of the Immigration and Refugee Protection Act (S.C 2001, c 27). One
can only speculate what combination of his brown skin, dark beard and
“foreign” name became significant actants in casting suspicion on Deepan
Budlakoti’s “genuine” status as a Canadian citizen.
Budlakoti’s case has often been treated unsympathetically by the mass
media.17 Unlike victims who are portrayed as innocent or hapless, insofar as
he has had significant brushes with the law, notice paid to his criminal
convictions has often superseded focus on the fact that after two decades of
his life as a documented and Canadian-born citizen with full protection of the
state, he was deprived of his Canadian citizenship and rendered stateless.
Viewed through the lens of “crimmigration,” however, the decidedly hostile
and punitive action of the Conservative government to the issue of
Budlakoti’s legal status reflects “double punishment,” the revival of practices
17
According to Kane’s (2013) analysis of Canadian print media’s coverage on the stateless in
Canada, the stateless are frequently depicted as enemies, dangerous and tricksters. The stateless
are deemed blameworthy and the harsh effects of their legal and/or de facto statelessness
diminished by the print media’s use of quotation marks or the qualifier “so-called” when
discussing “stateless” persons.
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents