Federal Court

Administrative Law

Fact that passports issued to applicant not determinative of citizenship

Applicant was born in Canada in October 1989 to parents who had come to Canada in 1985 to work as domestic helpers to Indian High Commissioner to Canada. Parents’ employment with High Commission terminated in 1989 but exact date was unclear. Applicant had Ontario birth certificate and had been issued two Canadian passports on strength of Ontario birth certificate. In December 2010 applicant was sentenced to three years in prison for weapons trafficking and cocaine importation. While in prison, Citizenship and Immigration Canada determined that despite his Canadian passport, applicant had never been Canadian citizen. Admissibility report was prepared and applicant was declared inadmissible on basis of serious criminality pursuant to s. 4 of Immigration and Refugee Protection Act (Can.). IRB Member was not satisfied that applicant was Canadian citizen and issued deportation order against him. Decision was upheld on judicial review. Applicant applied for declaration of citizenship. Issue whether foreign national’s parents were on applicant’s birthdate of Oct. 17, 1989, employees in service of diplomatic officer in accordance with s 3(2)(b) of Citizenship Act (Can.). Application dismissed. This declaration proceeding was collateral attack on IRB decision and “end run” on decision on judicial review. Issue of citizenship was central to those decisions, facts pleaded were same and evidence tendered was similar to this declaration proceeding. Issue of citizenship was dealt with and court ought not to revisit matter under subsequent but parallel proceeding. Evidence did not justify relief sought as applicant’s case was significantly undermined by documentary evidence and internal inconsistency which indicated parents worked at High Commission until December 1989 and included applicant on their permanent residence application in 1992, which would have been inconsistent with applicant having citizenship status. Fact that passports had been issued to applicant not determinative of citizenship.

Budlakoti v. Canada (Minister of Citizenship and Immigration) (Sep. 9, 2014, F.C., Michael L. Phelan J., File No. T-1564-13) 245 A.C.W.S. (3d) 772.

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