A United Kingdom upper tribunal has overturned a previous decision that prevented the deportation of 43-year-old Nigerian national, Olutobi Ogunbawo.
The reversal follows a challenge to the initial ruling, which was based on claims by Mr Ogunbawo’s wife Maria Adesanya, that in vitro fertilisation (IVF) treatment was unavailable in Nigeria. This argument had been central to their defence against his deportation.
Ogunbawo was convicted in 2019 for immigration offences after conspiring with a British citizen to falsely claim paternity. Following a three-year prison sentence, he faced deportation proceedings. In January 2023, a first-tier tribunal ruled in his favour, citing the adverse impact his deportation could have on his wife’s ability to pursue IVF treatment in the UK.
Maria testified that accessing IVF treatment, essential to their efforts to conceive, was not feasible in Nigeria. However, the secretary of state for the Home Department contested her claim, arguing that there was no evidence to support this assertion.
Upon review, the upper tribunal found significant flaws in the initial ruling. On November 4, 2024, it concluded that the first-tier tribunal judge failed to verify Maria’s claim with objective evidence.
The upper tribunal noted that the availability of IVF services in Nigeria could have been easily confirmed, criticising the judge for relying solely on Maria’s testimony.
In its judgment, the tribunal stated: “We conclude that the judge erred in exclusively relying upon Ms. A’s (Maria Adesanya’s) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria.”
The tribunal added that even a basic internet search would have disproved this claim, highlighting the availability of IVF in Nigeria.
As a result, the upper tribunal annulled the earlier decision and ordered the case to be reheard by a different judge.
“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 ruling stated.
“The appeal is to be remitted to the first-tier tribunal to be heard by any judge other than first-tier tribunal Judge Malone.”
