Fact that passports issued to applicant not determinative of citizenship

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.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident