How Can Someone Born In Canada be Deported From Canada?

Canada offers birthright citizenship, as do many other countries in the world – including the United States. What birthright citizenship means is that anyone born on Canadian soil automatically becomes a Canadian citizenrsz_budlakoti

But did you know, someone who has been born in Canada can still be deported? It’s a very rarely-used and little-known law in Canada’s Citizenship Act that allows this.

A man named Deepan Budlakoti, who is 23 years old and is a first-time federal offender, is being deported to India where his parents are from – but where he has never been, as he was born in Canada.

But his parents were household staff for India’s High Commissioner, serving dinner, cleaning house and taking care of the High Commissioner’s children.

The Citizenship Act states someone who is born to parents who are employed by foreign diplomats at the time of their birth is not a Canadian citizen.

But due to several mistakes, Budlakoti has a Canadian birth certificate and passport. His parents assumed he had automatic citizenship and didn’t bother applying for him, which is understandable. They themselves became citizens in 1997, citing that their son was a citizen on their applications forms.

Budlakoti is due to finish serving a two-year drug sentence in a federal prison, at which point the federal government wants to deport him from Canada.

“I was born in Canada,” Budlakoti told the Ottawa Citizen. “It’s my country. I don’t know anyone in India and like I said, I don’t even speak the language.”
We blogged about this case back in 2010, before Budlakoti went to prison.

It’s a scary thought to know that you can be deported from Canada to a country you’ve never known if you were born here because of a technicality with your parents’ job at the time.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Canadian Citizen Being Deported Children of Diplomat Workers Deepan Budlakoti deportation from canada

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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