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“It’s going to be really unfortunate if I have to go to court for something someone with a Grade 7 education should be able to figure out,” Sharma said.

Provincial regulations state a person must be legally entitled to remain in Canada and a permanent resident of the province to be eligible for health care coverage, as well as being present in Alberta at least six months of the year and not claiming eligibility for benefits elsewhere.

Sharma, who showed the Herald a copy of Divya’s Alberta birth certificate, said the girl meets those eligibility requirements for coverage under the provincial health insurance plan.

However, as a failed refugee claimant, Divya’s mother doesn’t qualify for provincial health coverage. Sharma said he believes Boparai’s status in the immigration system — and a political fight over federal health coverage for refugee claimants — has created confusion among provincial officials in the daughter’s case.

In 2012, the federal Conservatives cut back health care coverage to refugee claimants from countries deemed to have a high number of illegitimate claimants. The Federal Court of Canada ruled those cuts unconstitutional in 2014, prompting the federal government to introduce an interim health plan for refugees while it appeals the ruling.

Sharma blames the resulting uncertainty for Divya’s predicament.

“This is bureaucratic incompetence, but it has a very real effect,” he said.

An Alberta Health spokeswoman said Thursday the department is looking into the case, but had no immediate explanation.