Canadian Court Halts Deportation of Nigerian Woman Over Fears of Childlessness Stigma

A Canadian federal court has granted a Nigerian woman temporary relief from deportation after finding that immigration officials failed to adequately consider the psychological and social harm she could face if forced to return home because she is childless.

Christianah Olanipekun, who has lived in Canada since 2014, told the court that returning to Nigeria would expose her to deep social stigma, emotional distress, and family pressure in a society where infertility is often blamed on women. She argued that such treatment would pose serious risks to her mental and physical wellbeing.

Mrs Olanipekun arrived in Canada on a student visa and completed two postgraduate diploma programmes. After her post-graduation work permit expired in 2020, she secured another study permit as a continuing care assistant and continued working during the COVID-19 pandemic.

Her husband joined her in Canada in 2022.

She later applied for permanent residency under Canada’s temporary-to-permanent resident programme but was rejected because her graduation date did not meet the eligibility timeline. She then sought relief under the Humanitarian and Compassionate pathway, citing her ongoing medical care and fertility treatment in Canada.

Immigration officials dismissed her application, arguing that social discrimination alone did not qualify for humanitarian consideration and noting that fertility treatment was available in Nigeria. They also claimed the application was an attempt to bypass standard immigration routes.

In overturning that decision, Justice Darren Thorne of the Federal Court ruled that the immigration officer acted unreasonably by trivialising her trauma. He ordered a fresh review of the case by a different officer, allowing Mrs Olanipekun to remain in Canada while her application is reassessed.