The Hamilton Spectator

Vivian and Kelvin hoping to stay

Deportation flight to Nigeria for mom, son booked for Jan. 4

JON WELLS OPINION

A soft, silvery glow from afternoon light frames the living room with the white floor, taupe walls and white couches, as though in a dream.

But it is no metaphor, the dream Vivian Olumide hopes to keep living.

It is why tears flow easily, when she considers that it all may end for her, and 11-year-old son, Kelvin, in jarring fashion, soon after Christmas.

“I love white, it represents something very dear to me,” said Vivian of the look inside her meticulouslykept home, a small apartment in a low-rise building on the central Mountain.

“To me, white is purity, and it tells me that one day my life will be clean, you know? But some days, if I buy clothes, I only pick black, because it’s how I feel inside. Like darkness.”

After living in Canada six years, the last four in Hamilton, Vivian

and Kelvin have been forced to buy air tickets to return to their former home in Nigeria.

She said that on Nov. 2, the day before her 37th birthday, she met with a Canada Border Services Agency (CBSA) official, who said she must leave between now and Jan. 4.

Vivian chose that very last day, in hopes of reversing their deportation order.

Her long-standing refugee claim has been rejected, as well as an appeal, said her lawyer, Lorne Waldman.

He told the Spectator that Vivian subsequently applied to stay on humanitarian grounds, arguing that deportation would not be in Kelvin’s best interests, since he has spent formative years here, and had “traumatic experiences” as a child in Nigeria.

“Kelvin feels integrated here, and has a much better opportunity in Canada,” said Waldman.

Kelvin sings in the Hamilton Children’s Choir, and has shown a flair for playing piano.

“I want to stay here,” said Kelvin. “I have lots of good friends that care about me, and I don’t want to abandon them.”

But Vivian’s humanitarian application was also denied.

“As we stand, the deportation is moving forward,” said Waldman.

Vivian said she fears for her safety if she returns to Nigeria, and that trauma Kelvin suffered growing up would make it difficult for him to adjust.

Waldman said a CBSA official considering the application did not find Vivian credible.

“Some of their findings were extremely problematic,” he said.

The CBSA did not respond with a comment on the case to the Spectator in time for the story’s deadline.

About two weeks ago, Waldman filed an appeal in federal court to the latest CBSA decision. He said they have a “compelling case” and hopes the decision will be reversed.

If deportation proceeds, he said he will try to bring them back from Nigeria, but that would involve additional challenges.

He suggested that a broader issue is that the two federal agencies responsible for deciding such cases — CBSA, and Immigration, Refugees and Citizenship Canada (IRCC) — operate independently of each other.

“Sometimes their time frames don’t match, and so (clients) end up going to court and a judge has to decide.”

Vivian and Kelvin arrived in Canada in 2015, travelling from Nigeria to Toronto on a vacation, she said, along with her then-husband, a banker in Nigeria. She had worked in human resources for an oil exploration company.

She said her spouse left her, returned home, and told her not to follow. But since then, she said, he has asked for Kelvin’s return.

The Jan. 4 air ticket Vivian has purchased will take them on Ethiopian Airlines to a brief stopover in Addis Ababa, the Ethiopian capital, and then to Abuja, Nigeria, in West Africa.

She said CBSA chooses the airline, and itinerary.

“It’s a real eye-opener, the control (CBSA) has,” said Tom Fleming, who is among the Hamilton friends supporting Vivian and Kelvin, and who launched a GoFundMe campaign that raised $19,800 for legal fees. He urges those interested in helping the cause to go to PursuitOfSafety.org and contact politicians listed there.

He plans to drive Vivian and Kelvin to Ottawa to lobby leaders on Parliament Hill face to face.

Vivian volunteers with Hamilton Out of the Cold, and, while her refugee status has made it difficult, she recently obtained a work permit. She is a personal support worker at a long-term-care home in Ancaster and at St. Joe’s hospital. She takes the bus, and said she is often called in on off days.

She shows her cellphone call history to a reporter to prove how much she is needed.

“I usually go when they call. Everything feels so heavy for me these days, every minute, my fears are always right in front of me, but I go to work and put on a smile.”

As for Kelvin, his face lights up talking about singing, sleepovers with friends and playing in the park. Meanwhile, Vivian stares off into an empty space, as though contemplating their future, or past, or some combination.

“I feel like I’ve always been running,” she said. “I just want to be safe, I just want to stay, that’s all I’m asking. I’m not asking for government money. I just want them to say: ‘Stay in your home.’ ”

Last week, a prayer vigil was held in their honour at her church, Central Presbyterian on Charlton Avenue, with pastor David Anderson presiding.

Anderson has previously helped two women refugee claimants in their bids to remain in Canada — one who was from Hungary and the other from Jamaica.

“The Christian faith and other religions speak to the principle that it’s about loving God and your neighbour, especially those who are vulnerable,” said Anderson. “I can’t think of anyone more vulnerable than people who are here as refugees, and who face violence and retribution if they are sent home.”

Vivian is thankful that she has been delivered such thoughtful friends. And while she still prays in the quiet of her home, there are times she feels out of words.

“I’ve said it all, and maybe God has heard my voice too much. I wonder if maybe he needs to hear someone else.”

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2021-11-30T08:00:00.0000000Z

2021-11-30T08:00:00.0000000Z

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