Saturday, August 04, 2012

Oboh—risk to child is not to be compared with other people

Oboh v. Canada (Citizenship and Immigration), 2012 FC 186 (CanLII)

Judge: Justice Zinn; Date heard: November 29, 2011; Date decided: February 8, 2012; Counsel for Oboh: Kingsley I. Jesuorobo; Counsel for Minister: Kareena R. Wilding;Place of Hearing: Toronto, Ontario.

The applicant was a Nigerian citizen who had filed an application on humanitarian and compassionate grounds. A previous refugee claim made on the basis that her father had tried to force her to have an abortion was failed. A PRRA was also refused.

After coming to Canada, the applicant gave birth to twins, a boy and a girl. In the H&C, she argued that the girl would be at risk of FGM if the mother was returned to Nigeria, and she would have to bring the children with her.

The officer stated that the daughter would not be at risk of FGM. Justice Zinn found that the evidence accepted by the officer showed that while the daughter might not be at the same level of risk as other girls in Nigeria, this was not the test. As such, the best interests of the children analysis was flawed and the decision was overturned.


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