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He was moved 31 times between foster homes, but he was never granted citizenship while he was growing up in the province.

Abdi developed behavioural problems that advocates say were not adequately treated. Those issues led to problems with the justice system.

The border agency detained Abdi and referred him to a deportation hearing after he served about five years in prison for multiple offences including aggravated assault.

Abdi’s lawyer, Benjamin Perryman, argued that the Canadian and Nova Scotia governments have failed his client, which is why Abdi should not face a deportation hearing.

“He would be a citizen, if he had been taken care of properly,” Perryman said outside the Halifax courtroom.

Perryman told McDonald that the decision to send Abdi to a deportation hearing was unreasonable, unfair and contrary to the Charter of Rights and Freedoms and international law.

Abdi did not attend the hearing. He is living and working in Toronto, which is in keeping with one of the conditions of his release.

Grant said the suggestion that Abdi’s rights under the Charter and international law have been violated are premature and based on hypothetical harm.

“This is an administrative process that does not result in any change of status for the applicant,” Grant told the court.

As well, she suggested that Abdi could seek a so-called danger opinion from immigration officials, which can be used to prevent refugees from being deported to unsafe countries.