After his refugee claim was rejected, he lived without any status until he was arrested by CBSA in 2012 and detained until 2016. In 2017, it was determined that his removal order was unenforceable, and he was ordered released from detention. Since that time, Boris reports on a monthly basis to the CBSA and does not have status of any kind in Canada, though after his release he was granted access to health care. 2.5 Second Generation Born Abroad In 2009, Canada’s Citizenship Act was amended so that jus sanguinis citizenship (citizenship by descent, or blood) was restricted to the first generation born abroad, except where the first generation born abroad becomes a naturalized Canada. As a result, a child born outside of Canada to a Canadian citizen parent who was also born outside of Canada is not a Canadian citizen unless their parent is a naturalized Canadian.59 Individuals born outside of Canada after the coming into force of the amendment, on or after 17 April 2009, can make a citizenship application directly to the IRCC Minister if certain criteria are met.60 Under section 5(2) of the Citizenship Act, the Minister shall grant citizenship to the minor child of a Canadian citizen if the parent applies on the child’s behalf and if the child is a permanent resident of Canada. Pursuant to section 5(5) of the Act, the Minister shall also grant citizenship to a stateless person born abroad to a Canadian citizen if the applicant is less than 23 years of age and has resided in Canada for a minimum of 1,095 days during the four years before the date of application, and has not been convicted of specified offences offences. This creates a risk that children of Canadian nationals born abroad will remain stateless for some years during their childhood, if the law of the country where they are born does not grant them citizenship (jus solis). The provisions in section 5(5) of the Citizenship Act also exclude second generation children born abroad prior to the 2009 amendment from applying for citizenship. As a party to the 1961 Convention on the Reduction of Statelessness, Canada is obliged to ensure that its citizenship laws and policies reflect the provisions of the Convention, so that those who might otherwise be stateless may be granted citizenship. An expert meeting on the 1961 Convention convened by UNHCR concluded as follows: The right of every child to acquire a nationality, as set out in Convention on the Rights of the Child’s (CRC) Article 7 and the principle of the best interest of the child contained in CRC Article 3, create a strong presumption that States party to the CRC should provide for automatic acquisition of their nationality at birth to an otherwise stateless child born abroad to one of its nationals. In cases where States require an 59 Section 3(3). Citizenship Act, R.S.C., 1985, c. C-29. 60 There are two applications through which a second generation child born abroad can obtain citizenship. Under s. 5(2) of the Citizenship Act, the Minister shall grant citizenship, upon application, to a minor child of a Canadian citizen who is a permanent resident of Canada. Under s. 5(5) of the Act, the Minister shall grant citizenship, upon application, to a person who has a birth parent who was a citizen at the time of the birth, is less than 23 years of age, have been physically present in Canada for at least 1,095 days during the four years immediately before the date of application, have always been stateless, and have not been convicted of specific criminal offenses. 18