UK court reverses ruling on Nigerian’s deportation over IVF claim

A United Kingdom upper tribunal has overturned a previous decision halting the deportation of 43-year-old Nigerian, Olutobi Ogunbawo, after his wife’s claim about the unavailability of in vitro fertilisation (IVF) treatment in Nigeria was found to be unsupported.

Ogunbawo, who was convicted in 2019 for immigration offenses related to conspiring with a British citizen to falsely claim paternity, had served a three-year prison sentence.

Following his release, he faced deportation proceedings. In January 2023, a first-tier tribunal judge ruled in his favor, citing the impact of deportation on his wife, Maria Adesanya’s ability to conceive through IVF, which she argued was unavailable in Nigeria.

However, the Home Department challenged the ruling, claiming that Maria’s testimony lacked credible evidence.

The upper tribunal, upon reviewing the case on November 4, 2024, determined that the initial decision was flawed, pointing out that the first-tier judge had failed to verify the IVF claim with objective evidence.

The upper tribunal noted that a simple internet search could have confirmed the availability of IVF services in Nigeria, which weakened 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, according to Daily Mail on Sunday.

The tribunal set aside the earlier decision and ordered the case to 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.

(Punch)