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Deepan Budlakoti is pictured outside the Supreme Court building in Ottawa on June 16, 2014.Sean Kilpatrick/The Canadian Press

The Supreme Court of Canada will not hear an appeal from an Ottawa man who has been fighting for Canadian citizenship.

Deepan Budlakoti was born in Canada, holds an Ontario birth certificate and was issued a Canadian passport, but the government says he is not a citizen and wants to deport him.

The government argues Budlakoti did not automatically become a Canadian at birth in October 1989 because his parents were foreign nationals employed by a foreign diplomat, the Indian high commissioner.

Following drug and firearms convictions in 2010, Budlakoti was ordered out of Canada.

He has been fighting deportation ever since, but has been turned down by both the Federal Court and the Federal Court of Appeal.

As usual, the Supreme Court gives no reasons for refusing to hear the case.

The courts have said Budlakoti has a number of options open to him, including asking for Canadian citizenship or seeking Indian citizenship, but has pursued neither approach.

India says they have no record of his citizenship and has refused to issue a travel document.

Budlakoti argues that his parents quit the Indian High Commission in June 1989, months before he was born, but the courts found the record is sketchy.

"The record does not establish the applicant's claim to citizenship by reason of birth in Canada," the Federal Court said in 2014.

The court also said the fact Budlakoti was given a Canadian passport does not necessarily mean he was a Canadian citizen.

The Federal Court of Appeal upheld the lower decision last year.

"The appellant must first try to obtain citizenship from the Indian and Canadian authorities," Justice David Stratas wrote in that ruling.

"Those avenues have been practically and legally available to him for years. Yet he has refrained from pursuing them. Now he should pursue them."

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