Buddhaholy has been refused a child residential visa by the Department of Immigration and Citizenship, despite having lived in Hobart for most of his life.

The 13-year-old's lawyers are preparing to appeal the decision but, if it fails, he could be deported to Canada. His legal guardian, Master Wang Xin-De, the Hobart-based leader of the Jin-Gang-Dhyana Buddhism sect, fears the boy will have nowhere to go if he is forced to leave Australia.

Buddhaholy wants Hobart to be his home.

"I don't want to leave, I really like it here,'' Buddhaholy said.

Buddhaholy is a Canadian citizen by virtue of his natural parents but was born in Hobart and lived here until he was nearly 10.

His father left the family home when Buddhaholy was a toddler.

"I cannot remember my father, I have no idea what he even looks like,'' Buddhaholy said.

He and his mother moved from Hobart to Canada in 2005 but he was removed from her custody several months later when authorities became concerned for his welfare.

Master Wang, who has known Buddhaholy since he was born and raised within the Hobart Buddhist community, travelled to Canada in January 2006 and was appointed his legal guardian by a court in Vancouver.

Master Wang left him in the care of teachers at a Canadian Jin-Gang-Dhyana Buddhism temple.

He believed he would not be able to legally adopt and bring Buddhaholy home to Australia for at least a year.

But in March this year, Buddhaholy was removed from the Canadian temple by social workers who feared for his safety.

The Sunday Tasmanian has been shown Canadian Government documents by Master Wang which indicate Buddhaholy would have been in grave danger had he had stayed at the temple any longer.

Upon hearing of the removal, Master Wang travelled to Canada and brought Buddhaholy to Tasmania in April.

Speaking through interpreters, Master Wang said Buddhaholy would have nowhere to go if he was forced to return to Canada.

"He cannot go back to his mother and he cannot go back to the temple,'' he said.

"His father does not want to be a part of his life."

"For us not to break the law, it means that we have to send him to the police when his visa expires. How can we do that?''

An application for a residential visa was lodged with the Department of Immigration and Citizenship on May 8 and an interim "bridging'' visa granted.

But the application for residency was denied earlier this month because Master Wang was neither the natural parent, step-parent nor adoptive parent.

A Department of Immigration and Citizenship spokesperson told the Sunday Tasmanian "a person must have acquired permanent and full legal parental rights to be recognised as an adoptive parent''.

"Orders that grant only guardianship, custody or other lesser rights would not be sufficient,'' the spokesperson said. "The department can only grant a visa where all the legal requirements for that visa are met''

Buddhaholy's bridging visa will expire on October 3, but he is expected to be granted another interim visa when his lawyers lodge an appeal against the Government's decision next week.

Hobart lawyer Eugene Dowling is representing Buddhaholy.

Mr Dowling said there were several legal options available to Buddhaholy.

"We are lodging an appeal because we are required to do so,'' he said.

"But this is a very difficult case and we expect we will be making an application to the Immigration Minister [Senator Chris Evans] at some stage, requesting that he personally intervene in the matter.

"Master Wang has custody and guardianship of Buddhaholy, so it is not as if he is without legal back-up.''

Though Master Wang is his legal guardian, Buddhaholy does not live with the spiritual leader.

He is living with several other students at one of the sect's temples at New Town, where he is cared for by Buddhist teacher Caroline Ho.

Jin-Gang-Dhyana Buddhists consider themselves to be part of one big family and each of their houses is considered a temple.

There are 13 temple-houses around Hobart.

Buddhaholy says he has made a lot of friends since he enrolled at Hobart 's Hutchins School in June.

Master Wang said he wanted to foster Buddhaholy within his religious community, so that one day he could become a high monk.

"There is a unique rule in our religion which says that unless you have had exceptional past lives, you cannot be named after the Buddha,'' he said.

"Buddhaholy is not just named after the Buddha, he is named Holy Buddha.

"He has been to several international conferences with me and he has become quite famous within our religion as a young leader."

"I know Australia is an amazingly compassionate country, and I hope the authorities can show how compassionate they are by helping Buddhaholy.''

Inside the sect

Buddhaholy Siu's legal guardian is Master Wang Xin-De, the worldwide leader of a sect of Chinese Esoteric Buddhism known as Jin-Gang-Dhyana.

Master Wang moved to Hobart in 1989, escaping persecution at the hands of Chinese authorities who did not recognise his faith.

Gradually, followers migrated to Australia from Hong Kong, Britain and America.

There are more than 200 people in Hobart affiliated with the group.

Master Wang's organisation has donated more than $600,000 to the Tasmanian community, benefiting such groups as the Red Cross and the Salvation Army.

Jin-Gang-Dhyana members believe every house is a temple.

The sect promotes an end to all religious wars and unification of the world's religions.

Master Wang believes that to attain unity within the same religion, sects should mutually respect, tolerate, make allowances for and support each other.

He also teaches that multicultural co-existence should be accepted by religious leaders.