Judge halts refugee's removal, scolds minister

Misleading medical evidence cited as reason for stay

- NICHOLAS KEUNG

Abideen Olalekan Oladipupo has struggled with depression and post-traumatic stress disorder.

In April, the failed refugee claimant spiralled into a “full-blown” breakdown when a federal judge dashed his last hope to be spared from deportation to Nigeria.

Instead of showing up for his removal, the 63-year-old went into hiding. He was apprehended and held in the Toronto immigration holding centre near Rexdale.

While in detention, Oladipupo twice attempted suicide and twice was taken to hospital. Yet, the Canada Border Services Agency obtained letters from two physicians that concluded he was fit to fly for his scheduled removal on June 17. It said officials had confirmed with a local hospital in Lagos that the patient would be admitted to the facility upon arrival.

That would have been the end of the story if not for Oladipupo’s diligent lawyer who would not just take the agency’s words for his deportation arrangement, according to a Federal Court judge who recently halted Oladipupo’s removal after reviewing questionable evidence submitted by the government.

“This is not merely troubling litigation tactics from the respondent — a Minister of the Canadian government — whereby they attempt to smuggle equivocal evidence into a record to support their position,” wrote Justice Shirzad S. Ahmed in his decision to stay the deportation.

“This conduct borders on — and very closely borders on — misleading the court.”

The judge’s comments against the minister of public safety and emergency preparedness, who oversees the border agency, were not something commonly seen.

“Admittedly, it’s probably the strongest language in terms of CBSA conduct that I’ve seen in the context of removal,” said Warda Shazadi Meighen, an executive member of the Canadian Association of Refugee Lawyers, which is not involved in the case.

“It underscores how important oversight is for an organization that has this much power.”