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Tuesday, 11 October 2016

Photos: Nigerian woman stripped of refugee status in Canada because of misppelling of her name in birth document

A 32 year-old Nigerian woman, Gift Daniel is now facing deportation from Canada after an Ottawa court overturned a decision to grant her a refugee status because of a misspelling of her name in a government birth document from Lagos.


What was unusual with the government’s appeal is immigration officials did not challenge Daniel’s claim that she was a victim of female genital mutilation and domestic abuse, but contested her credibility on the grounds that she is not who she claims to be.
"I have never seen or heard of a positive decision overturned completely by the refugee appeal division, where the pressing concern was on the identity and not on the merits of the decision," said Daniel’s lawyer, Richard Wazana.  
"They did not question the forced marriage, abuse and violence."
Daniel, a hairstylist from Benin, arrived in Canada in February 2015 using a false Canadian passport under the name of Desiree Dobson and filed an asylum claim upon landing at Pearson International Airport. She was also in possession of a Social Insurance Number card, birth certificate and driver’s licence under the same name, according to federal government officials.
Daniel claimed she was forced to undergo female circumcision in 2012 and was sold by her father a year later to an older man who sexually, physically and psychologically abused her before she fled Nigeria with the help of a smuggler. The refugee board confirmed there was documented evidence of genital mutilation.
Upon her arrival in Canada, Daniel said she declared her real identity to officials as “Gift Daniel” and provided a birth document and driver’s licence issued by the Nigerian government as pro

However, a border enforcement official quickly noticed her birth document spelled her name as
“Gife” while her licence spelled it “Gift” — setting off questions by Canadian officials over her identity. She was detained at the Rexdale immigration holding centre for three months until her release on May 13, 2015, when she was granted refugee status.
Despite concerns over Daniel’s identity, refugee judge Shamshuddin Alidina, in granting her asylum, wrote the tribunal "believes, on a balance of probability, that the claimant has persuasively established her identity as Gift Daniel from Nigeria."
Daniel has insisted she only became aware of the typo after it was spotted by the border official, the different spellings of her name in her identity documents triggered the government’s challenge to the refugee appeal tribunal to overturn the asylum decision.
"Identity is clearly an important fact, so important, that if not established, there is no need to further analyze the evidence and the claim must fail,"  the government said in its appeal. "Absent a properly established identity, a matter of utmost importance to refugee determination, the claimant cannot be considered to be a credible witness on the material aspects of her claim for refugee protection."
In its appeal application, border enforcement officials also noted Daniel could not provide them with details on who helped her obtain the false passport she used to come to Canada and argued that her claim was “assessed on the basis of one facet of the respondent’s alleged identity: survivor of forced female genital mutilation and gendered violence. In addition to the error in her name on her birth document, they said her other ID, including two additional driver’s licences she later produced and a voter’s card, were not acceptable proof of identity.
Immigration officials argued the driver’s licences,  two expired and one current  that Daniel submitted bear different signatures and that one expired licence has a picture that does not look like her. The identity issue was further compounded by a new birth document Daniel later submitted with the correct spelling of her first name.
The refugee appeal division (RAD) rejected Daniel’s explanation that a friend forged her signature on her first driver’s licence because she forgot to sign it on her application.
"The RAD finds that the forged document was obtained improperly outside of the normal issuing process and cannot be relied upon for the truth of its content," wrote adjudicator Leonard Favreau. "Regardless, even if the respondent’s friend was able to bypass the process required to obtain a driver’s licence, it is clear that the licence cannot be relied upon for the truth of its content, and as such, cannot be relied upon as reliable evidence of the respondent’s identity."
The appeal tribunal also noted the features on one of the licences were faded with muted colours and its webbing security features were barely visible.
"Fraudulent documents from Nigeria are available in and outside of Nigeria . . . any printed document can be forged. Genuine official documents such as birth, marriage, divorce, death certificates, ID cards, driving licences and passports can be obtained," Favreau noted in his decision to rescind Daniel’s asylum. In traveling to Canada in possession of a false passport and other false identity documents, the respondent has demonstrated that she has the ability to obtain and the willingness to use fraudulent documents."
In challenging the appeal tribunal’s decision against Daniel, Wazana argued at the federal court that the assessment of his client’s identity was unreasonable and the adjudicator could not make a decision solely on identity without considering the credibility of her claims for asylum.
"The RAD was not unreasonable in rejecting (Daniel’s) evidence and explanations for the irregular manner in which she obtained the licences. Therefore, the RAD was not unreasonable in concluding that the applicant’s identity had not been established," Federal Court Justice Ann Marie McDonald said in her ruling last month.
Daniel, who has been studying at an adult learning centre toward a high school diploma, said she was disappointed with the decision and frustrated at what more she could do to prove she is Gift Daniel.
"I was so happy when my (refugee) claim was granted. I was ready to move on and start a new life," said Daniel, sobbing. "It all started with the typo. Tell me if you never make any error in life, in typing and speaking. This is a huge price for me to pay."




Source: Toronto Star

45 comments:

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OSINANL said...

OKAY!

livingstone chibuike said...

Too bad

Odibe Blessing said...

Eyahhhh dey shld mercy for her ooo bcus naija no be here ooo for now

livingstone chibuike said...

Com back and hustle

edDREAMZ said...

a.k.a EDWIN CHINEDU AZUBUKO said...
.
Oky seen....
.
.
***CURRENTLY IN JUPITER***

Ogenah Boris said...

Just like that

Brenda's Couch said...

The fact is, She got there fraudulently.

Uju Phil said...

Na woah...some things aren't taken for granted. #CostlyMistake

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Anonymous said...

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Anonymous said...

Abeg please make una no deport am. Hunger dey this land oo

Chizzy Liz said...

**************************wen ur ancestors wants u to return home to fulfil ur Destiny !!!!!!

ike manuel said...

Too bad for her.. So unlucky

Na me talk am!

Long Live Lib!!!

Chizzy Liz said...

**************************enough already !!!!!!! Oburo ekwukata ka nti ji anu !!!!!! Una don condemn enough

Juliet Iwuno said...

Too bad for her. Linda take note!

NaijaDeltaBabe said...

I just can imagine dis


...merited happiness

Eddy Ogbunambala said...

Sorry for her

Jamila Shaibu said...

Na wa ooo



Post my comment

Nkem4ever said...

My interest in this story is the levity with which we treat issues of identity and spelling of name including personal data like date of birth. The western world doesn't take these issues lightly. With all honesty a different name spelling suggests a different person and cruel as it may seem they are right to question it. I remember my dad always sending me back to my primary school authorities to correct the spelling of my surname. Then I felt he was being overly and unnecessarily meticulous. Now especially with my profession I know better. Nigerians should be careful about their personal documentation at all times.

Anonymous said...

This lady is quietly lying her way through.

If she was in Canada as at February 2015, how did she get a new Birth Registration with NPC in March 2015 based on the sale Oath of December 2014?

She can present the Original copy of Oath of 15th December 2014.

Anonymous said...

E no make sense

westie said...


>>> Linda you too misspelt "misppelling" in your headlines......thought you should know since we are on the misspelling gist......

Anonymous said...

I understand the situation of Nigeria. Even as a student, I was advised to do refugee but declined. After paying one year tuition from nigeria. What will I tell the judge? That I'm gay and my country doesn't want me. My friends mocked me because they applied and were granted.But everyone's head is not the same. Yes they were getting free money from the government monthly and free housing including clothing allowance according to them. But if you are caught, you will be sent home. These people may be nice but they can be very strict.

Nseabasi Ekpo said...

SO UNFORTUNATE, I HOPE SHE GOT A FAIR DEAL

Vivian Reginalds said...

LOL gd 4 her
-D great anonymous now as Vivian Reginalds

okechukwu nnoduechi said...

IMAGINE THIS LADY, AND SHE WANTS TO GO AND LIVE IN A WHITE MANS LAND








AUNTY LINDA 👩

Genevieve Okoroigbo said...

Hmmmmmm!





says, Genevieve.

Anonymous said...

Linda, I usually do not comment on your blog, despite my incurable addiction to it. Funnily, this will be my second comment today. Well, Nigerians tell all sorts of lies when they want to claim asylum. The girl in question seems to have lied about a lot of things - the genital mutilation and forced marriage, her age and name. Canada, please have mercy on her and do not deport her. I know that those who know her here in Nigeria will expose her online. I'll never lie to stay in a foreign land; God will take me there and keep me there genuinely. No short cuts.

evy claret said...

Please come back home

Eva Da Diva...

Anonymous said...

This happens a lot. When you take documents to Nigeria for anything, they misspell one thing or the other. The happened to my mum and I. They missed a letter from our surnames. Luckily it didn't affect us. I feel sorry for her.

paul michael said...

That's where lies & deceit ends. May the Lord have mercy on her.

Eleojo Blessing said...

Hmmmmm

Nnenne George said...

Chai.. This is not good o!!! I feel for her.. Coming back to this God forsaken country is so terrible..

vinna saviour said...

Whites are not fair with her..nobody is above mistake

Anonymous said...

So cos she spelt her name wrong, you Linda has decided to spell the word "misspelled" mippelled!!! Wow! Autocorrect is your friend Linda.

sholetoga said...

She nail herself. For her to quickly get another birth certificate when the first one was said to have a typographical error is appalling. And for her to have use a false passport to enter their country....smh....serve you right, who has genital mutilation killed in Nigeria.....You people just go abroad to talk bullshit and make Nigeria look like a country still in stone age. Why won't they think Africans live on trees feeding on bananas.......WTF ...
Biko, come back home......

christie benjamin said...

Its not fair jor!

Anonymous said...

She is a liar!!! Benin don't circumcize grown ppl, men or women. Whatever circumcision usually take place when the person is a young child. And it's not as brutal as other tribes. Na God catch her for the lies! Also, lying that she was sold by her father at this grown age? My dear, they found out you are a liar. They were looking for something to use against you

Anonymous said...

Gbam @who genital mutilation kill?No b linda don turn billionaire with genital mutilation so?only problem by say e dey cause SP n dat no b day senate president

Anonymous said...

No. it's a lie. I live here and I know alot of people who lie to claim refugee. Most especially after Jonathan said whoever is gay will go to jail. some people started claiming that they are bisexuals. Tomorrow they will go and bring their boyfriends or husbands. After all it's bi and not homo. The government will still accept these husbands.

Anonymous said...

I know this young woman. I feel bad that this happened to her. I guess she lied some places on the application and now canada is starting to dig deeper into her case. Her story does have alot of inconsistences in it, and the fact that Nigerians commit alot of fraud. I hope she can woke it out and she won't have to go back.

Anonymous said...

Unfortunately too many scammers. why did she have a fake identity Desiree Dobeson. That's fraud and she should be sent back right away. Too many scammers.

Anonymous said...

dem follow her from villa

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