A federal court in Canada has halted the deportation of a
Nigerian woman and her son, ruling that sending them back to Nigeria would
expose them to serious risks to their mental health and safety.
The applicants, Shalewa Folashade Oladipupo and her son
(name withheld), were scheduled for deportation to Nigeria on January 29, 2026,
following the Canada Border Services Agency’s refusal of their request for
deferral.
In a ruling delivered on January 28, Allyson Nowak, the
judge, granted an order staying their removal, holding that the pair had
satisfied the legal requirements for such relief.
“The applicants have met the legal test for a stay of their
removal,” the judge ruled.
Court records show that Oladipupo and her son fled Nigeria
to escape ritual practices allegedly demanded by her husband’s family.
The rituals, which were to be carried out annually, were
said to include a final rite after her twins turned 18.
Oladipupo told the court that the practices conflicted with
her Christian faith, adding that she fled with one of the twins to prevent the
final ritual from being completed.
She alleged that failure to comply would result in death,
telling the court that “a supernatural power will kill her and her sons” if the
ritual was carried out.
Oladipupo also said she feared reprisals from family members
if forced to return to Nigeria.
Her refugee claim was earlier rejected by the Canadian
refugee protection division, which raised credibility concerns, holding that
she could have relocated to another part of the country (Nigeria) for safety.
That decision was upheld on appeal by the refugee appeal division.
Following the rulings, the applicants sought a deferral of
their removal, citing Oladipupo’s physical and mental health condition, her
son’s ongoing studies, a pending humanitarian application, and conditions in
Nigeria.
However, on January 26, an inland enforcement officer
refused the request, citing “insufficient evidence” of active suicidal ideation
and concluding that Oladipupo was fit to travel.
The court found that decision unreasonable.
In her ruling, Nowak accepted medical evidence showing that
Oladipupo had been diagnosed with “adjustment disorder with mixed anxiety and
depression” and was experiencing “passive suicidal ideation”.
The judge also relied on medical reports stating that
Oladipupo is “not of sound mind” and “not fit to travel”.
According to the records before the court, her physician
warned that she is “not mentally stable”, suffers from uncontrolled
hypertension with a high risk of heart attack or stroke and has a degenerative
spinal condition that makes prolonged sitting impossible.
The doctor cautioned that interrupting her medical care
could result in “potentially life-threatening outcomes”.
The judge rejected the immigration officer’s attempt to
distinguish between active and passive suicidal ideation, describing it as
inconsistent with established law.
“It is trite law that risks of suicide can establish
irreparable harm,” the court held.
The ruling also faulted immigration authorities for failing
to put in place any medical or mental health support arrangements for Oladipupo
upon arrival in Nigeria, noting that the omission heightened the risk she
faced.
Given the close relationship between mother and child, the
judge found that the risk extended to both applicants, adding that the harm
would be “heightened by her son’s return to Nigeria without her”.
While acknowledging the public interest in enforcing
immigration laws, the court held that the balance of convenience favoured
protecting the applicants.
“The motion for a stay of the applicants’ removal is
granted,” the judge ordered.
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