A Somali woman who was barred from Canada for five years after providing false information in her refugee application has won a new opportunity to remain in the country, according to a recent Federal Court decision.
Background of the Case
Fadumo Yusuf Mohamed Abdille, who also holds Dutch citizenship, first came to Canada in 2012 and was initially granted refugee status. However, that status was vacated in 2023 due to what the court determined was material misrepresentation in her original claim.
The case centers around Abdille's marital situation. She entered into an Islamic marriage in 2002 with a Canadian-Somali man who was already married to another woman. As both were Muslim, Abdille understood this polygamous arrangement was permitted within their faith.
Between 2002 and 2012, Abdille's husband frequently traveled to the Netherlands where they had two children together. Seeking to reunite with her husband in Canada, Abdille arrived unexpectedly from the Netherlands with their two children on July 31, 2012.
The Misrepresentation
Upon arriving in Canada, Abdille obtained refugee status for herself and her two children using false names and birth dates, while claiming to be citizens of Somalia seeking protection from persecution there.
The Federal Court noted that Abdille could not be sponsored by her husband through normal immigration channels because Canadian law does not recognize polygamous marriages. This legal barrier effectively prevented her from reuniting with her husband through conventional means.
Adding to the complexity, since her husband remained married to and had a child with his first wife, Abdille lived separately from him in Canada. The couple had their third child together in March 2014.
Changing Circumstances
The situation evolved when the husband's first wife passed away following an illness in 2018. The court decision noted that Abdille and her husband were sensitive to the impact on the child from his first marriage, so they continued living separately while gradually integrating their lives.
They eventually moved in together in early 2022 and celebrated a civil marriage later that fall. However, that same year, Canada's immigration minister requested a reassessment of Abdille's refugee status.
In a decision dated March 9, 2023, her refugee status was officially vacated because she had misrepresented material facts in her original claim. This led to her being barred from Canada for five years.
The recent Federal Court decision from Toronto, dated November 19, has now given Abdille another chance to make her case to remain in Canada, acknowledging the complex circumstances surrounding her polygamous marriage and subsequent attempts to reunite her family.
