A UK upper tribunal has reversed a previous ruling that blocked the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian, after his wife, Maria Adesanya, argued that in vitro fertilisation (IVF) treatment is unavailable in Nigeria.
Ogunbawo, who was convicted in 2019 for immigration-related offenses, had initially avoided deportation when his wife presented a case before a first-tier tribunal.
She claimed that deporting him would prevent the couple from having a child, as IVF—critical for their conception efforts—was not available in Nigeria. The tribunal accepted her testimony at the time.
In January 2023, Judge Malone of the first-tier tribunal ruled that deporting Ogunbawo would cause undue hardship for the couple, thus blocking his removal from the UK.
However, the Home Department challenged this ruling, questioning the validity of the claim regarding the unavailability of IVF in Nigeria. The case was referred to the upper tribunal for further review.
On November 4, 2024, the upper tribunal determined that the first-tier tribunal had erred by accepting Maria’s testimony without requiring independent verification.
It criticized the first-tier tribunal for failing to seek objective evidence to substantiate her claim. The judgment noted that a simple online search would have revealed the availability of IVF services in Nigeria, undermining the couple’s argument.
The upper tribunal ruling stated, “We conclude that the judge erred in exclusively relying upon Ms. A’s (Maria’s) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria.”
It added that while Maria may have believed IVF treatment was unavailable, the judge should have considered objective evidence, such as research into fertility treatment options in Nigeria.
The tribunal also referenced the Secretary of State’s unchallenged assertion that a basic Google search reveals the existence of IVF clinics in Nigeria.
As a result, the upper tribunal upheld the Home Secretary’s appeal, ruling that the first-tier tribunal’s decision should be set aside. The case has been remitted to a new judge in the first-tier tribunal for reconsideration.
Ogunbawo was convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity of his child. He served a three-year prison sentence and has remained entangled in deportation proceedings since his release.
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