Somali refugee fraudster in polygamous marriage granted another judicial review
A Somali woman who committed identity fraud and hid her polygamous marriage has been granted a judicial review, giving her yet another chance to stay in Canada
A Somali woman who committed identity fraud and hid her polygamous marriage has been granted a judicial review, giving her yet another chance to stay in Canada despite a previous rejection of her permanent residency application.
Fadumo Yusuf Mohamed Abdille first arrived in Canada with her two children in 2012. She obtained refugee status using false names, false birth dates and a fabricated claim that they were Somali citizens fleeing persecution.
According to the court decision released Nov. 19, Abdille misrepresented her identity to reunite with her Canadian-Somali husband. She had married him in an Islamic ceremonial marriage in the Netherlands in 2002, despite knowing he already had a wife in Canada.
Polygamous marriages are not recognized under Canadian law.
Abdille’s refugee status was vacated in 2023 after the immigration minister sought a reassessment.
She later applied for permanent residency under her husband’s sponsorship and again on humanitarian and compassionate grounds, but both applications were denied in 2024.
The officer concluded her marriage was not genuine and that her past misrepresentation was too serious to overcome.
The officer also found inconsistencies in Abdille’s documentation, including mail sent to her previous address and bank records that did not demonstrate shared finances.
The decision said these factors suggested Abdille and her husband “led separate lives.”
Federal Court Justice Guy Régimbald ruled the officer failed to reasonably weigh evidence demonstrating the relationship’s authenticity, including DNA tests confirming her husband fathered all three of her children and letters corroborating their cohabitation.
He said the officer did not adequately consider Abdille’s explanations for discrepancies and did not explain why the supporting evidence was insufficient.
Régimbald found that the officer’s failure to give Abdille an opportunity to address the inconsistencies amounted to a breach of procedural fairness.
“The absence of a joint bank account or the lack of both names on certain utility bills does not necessarily negate the bona fide nature of their marriage,” the judge wrote.
The case has been sent back to Immigration, Refugees and Citizenship Canada for redetermination.