A Canadian court has halted the deportation of a Nigerian woman, Shalewa Folashade Oladipupo, and her son, ruling that returning them to Nigeria would expose them to serious risks to their mental health and safety.
The duo were scheduled to be removed to Nigeria on January 29, 2026, after the Canada Border Services Agency declined their request for a deferral of removal.
However, in a ruling delivered on January 28, a judge, Allyson Nowak, granted an order staying their deportation, holding that the applicants had met the legal requirements for such relief.
“The applicants have met the legal test for a stay of their removal,” the judge ruled.
Court records showed that Oladipupo and her son fled Nigeria to escape ritual practices allegedly demanded by her husband’s family, which were said to be carried out annually, with a final rite planned after her twins turned 18.
Oladipupo told the court that the rituals conflicted with her Christian faith and that she fled Nigeria with one of the twins to prevent the final ceremony. She also expressed fear of reprisals from family members if forced to return.
Her refugee claim had earlier been rejected by Canada’s Refugee Protection Division over credibility concerns, a decision later upheld by the Refugee Appeal Division, which held that she could have relocated within Nigeria.
Following those rulings, the applicants sought a deferral of removal, citing Oladipupo’s physical and mental health condition, her son’s education, a pending humanitarian application and prevailing conditions in Nigeria.
An inland enforcement officer, however, refused the request on January 26, stating that there was insufficient evidence to justify a deferral and concluding that Oladipupo was fit to travel.
The court found that decision unreasonable, accepting medical evidence that Oladipupo had been diagnosed with adjustment disorder with mixed anxiety and depression, alongside other serious health challenges.
In her judgment, Nowak faulted immigration authorities for failing to put in place adequate medical or mental health support for Oladipupo upon return to Nigeria, noting that this significantly increased the risks she faced.
While acknowledging the public interest in enforcing immigration laws, the judge held that the balance of convenience favoured protecting the applicants and ordered that their removal be stayed.
