UK Court Overturns Ruling, Orders Deportation of Nigerian Man

A United Kingdom upper tribunal has overturned a previous decision that blocked the deportation of 43-year-old Nigerian Olutobi Ogunbawo.

The ruling follows a claim from his wife, Maria Adesanya, who argued that in vitro fertilization (IVF) treatment is unavailable in Nigeria, a central point in their defense.

Ogunbawo was convicted in 2019 for immigration offenses related to conspiring with a British citizen to falsely claim paternity.

He served a three-year prison sentence before facing deportation proceedings. In January 2023, a first-tier tribunal judge ruled in his favor, citing the potential impact of deportation on his wife’s ability to conceive through IVF.

Maria testified that IVF, which was crucial to their efforts to start a family, was not available in Nigeria.

However, the Secretary of State for the Home Department contested this claim, arguing that the tribunal had relied on her testimony without sufficient supporting evidence.

After reviewing the case, the upper tribunal concluded that the initial decision was flawed and, on November 4, 2024, ruled in favor of the deportation.

The upper tribunal found that the first-tier tribunal judge had failed to seek objective evidence to verify Maria’s claim.

The tribunal pointed out that a basic internet search could have confirmed the availability of IVF services in Nigeria, which undermined the couple’s argument.

The judgment criticized the earlier ruling, stating: “We conclude that the judge erred in exclusively relying upon Ms A’s (referring to Maria) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria,” the upper tribunal ruled.

The tribunal set aside the earlier decision and ordered that the case be reheard 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.