Stateless Senior Regains Ontario Income Support After Deportation Order
A stateless man who was ordered deported from Canada over a year ago remains in the country and has successfully appealed the suspension of his provincial income support. The Ontario Social Benefits Tribunal ruled in his favor on April 15, finding that he qualifies for a narrow exemption under Ontario’s disability support rules.
Background of the Case
The man, whose identity has been anonymized in accordance with tribunal policy, had been receiving Ontario Disability Support Program (ODSP) payments since July 2021. He did not qualify due to a disability but as a member of a prescribed class—individuals aged 65 and older who are ineligible for federal retirement benefits.
His ODSP payments were suspended on July 30, 2025, after a caseworker received notice that he was subject to an enforceable deportation order and no longer held legal status in Canada. An internal review upheld the suspension, prompting the man to appeal to the Social Benefits Tribunal.
A Life Shaped by Displacement
According to tribunal documents, the man was born in Country A, which was later occupied by Country B. His father was kidnapped during the occupation and never seen again. He fled with his mother to Country C, where she died before they arrived. Though he lived in Country C under a renewable registration certificate, he was never granted citizenship. People of his religion and national background are considered stateless there.
He testified that when he left Country C to come to Canada, his registration had lapsed because he could not afford bribes demanded by the office responsible for renewals. He entered Canada using a fake passport—reportedly issued under his grandparents’ visa—and was instructed to discard it upon arrival.
Since then, he has built a life in Canada: he sees his two grandchildren at least three times a week and volunteers with four nonprofit cultural organizations.
Deportation Order and Legal Limbo
In 2021, the man applied for refugee protection. His application—and subsequent appeal—were both rejected in April 2025. Around June 2025, he received a deportation order directing him to return to Country B, the nation that occupied his homeland. He reports regularly to an immigration officer but has not been given a deportation date or travel documents.
“The complainant stated that he did not have a passport from any country and did not know whether he could renew his registration certificate from Country C,” the tribunal decision noted. “He stated that he could not obtain a passport from Country C and would likely be imprisoned if returned to Country B.”
Tribunal’s Ruling
Under the ODSP Act, individuals are generally ineligible for income support if they are subject to a deportation order. However, exceptions exist—including when “the person is unable to leave the country for reasons entirely beyond the person’s control.”
Judge Tuğba Karademir found that the man met this criterion. He holds no citizenship in Country A, B, or C, possesses no valid passport, and has no means of obtaining one. As such, he could not leave Canada even if required to do so.
The tribunal rejected a second argument based on a humanitarian and compassionate grounds application for permanent residency, noting no such application had been filed—though his lawyer confirmed preparations were underway.
The court emphasized it was not ruling on the enforceability of the deportation order or the man’s fate if deported, stating those matters fall outside its jurisdiction as an administrative tribunal.
Representation and Precedent
The man was represented by Lindsay Holder, a supervising attorney, and Miha Sanjida, a law student. They cited two prior tribunal decisions from 2024 and 2025 with similar outcomes. The ODSP director’s representative, clerk Gary Charvis, argued that hardship alone cannot override statutory eligibility requirements.
Current Status
As of the tribunal’s decision, the man remains in Canada. He continues to report to immigration authorities but has no deportation date, no travel documents, and, as he told the court, “nowhere to go.” His ODSP income support has been reinstated following the ruling.
