The United Kingdom’s Upper Tribunal has overturned a previous decision that blocked the deportation of 43-year-old Nigerian Olutobi Ogunbawo, who was convicted of immigration offences.
This ruling comes after his wife, Maria Adesanya, argued that in vitro fertilisation (IVF) treatment was not available in Nigeria, a central point in their defense.
Ogunbawo, who was convicted in 2019 for conspiring with a British citizen to falsely claim paternity, served a three-year prison sentence. After his release, he faced deportation.
In January 2023, a first-tier tribunal judge ruled in his favor, citing the potential impact of his deportation on his wife’s ability to conceive through IVF. Maria testified that IVF, crucial to their efforts to start a family, was unavailable in Nigeria.
However, the Home Department secretary contested this claim, arguing that the tribunal had relied too heavily on Maria’s testimony without supporting evidence.
On November 4, 2024, the Upper Tribunal reviewed the case and found the original decision to be flawed.
The tribunal determined that the first-tier judge failed to obtain objective evidence to support Maria’s assertion.
A simple internet search could have shown that IVF services are available in Nigeria, weakening the couple’s argument.
The Upper Tribunal criticized the earlier ruling, stating: “We conclude that the judge erred in exclusively relying upon Ms. A’s personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria.”
The tribunal subsequently set aside the previous decision and ordered the case to be reconsidered by a different judge.
“We observe the Secretary of State’s unchallenged assertion before us that even the most basic Google search reveals the existence of IVF treatment in Nigeria.
“The Secretary of State’s appeal is allowed to the extent that the decision of the First-tier Tribunal is set aside in its entirety.
“The appeal is to be remitted to the First-tier Tribunal to be heard by any judge other than First-tier Tribunal Judge Malone,” it added.