Canadian Court bars deportation of Nigerian woman, son over safety concerns

A federal court in Canada has stopped the deportation of a Nigerian woman and her son, saying their return to Nigeria could put their mental health and personal safety at serious risk.

The woman, Shalewa Folashade Oladipupo, and her son, whose name was not disclosed, were billed to be deported on January 29, 2026.

This followed a decision by the Canada Border Services Agency to refuse their request for a delay in the deportation process.

However, in a ruling delivered on January 28, the judge, Allyson Nowak, granted an order halting their removal from Canada.

The court held that Oladipupo and her son had met the legal conditions required for a stay of deportation, agreeing that sending them back to Nigeria at this time could expose them to serious harm.

“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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