UK Upper Tribunal Overturns Deportation Halt for Nigerian Man Due to IVF Claims
In a recent ruling, the UK Upper Tribunal has reversed a previous decision that prevented the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian man. This follows a claim made by his wife, Maria Adesanya, asserting that in vitro fertilization (IVF) services are unavailable in Nigeria.
Ogunbawo, who faced deportation after being convicted in 2019 for immigration-related crimes, initially avoided removal from the UK when Adesanya successfully presented her case before a first-tier tribunal. She argued that Ogunbawo’s deportation would effectively end their chances of having a child, emphasizing the necessity of IVF in their journey to conceive—a claim that the tribunal validated.
In January 2023, Judge Malone of the first-tier tribunal ruled that Ogunbawo’s removal would impose excessive hardship on the couple, thereby blocking his deportation. However, the home department secretary contested this ruling, casting doubt on the credibility of the claim regarding the availability of IVF in Nigeria. As a result, the case was escalated to the upper tribunal for examination.
On November 4, 2024, the upper tribunal determined that the first-tier tribunal had made an error by accepting Maria’s testimony without demanding independent verification of her assertions. The upper tribunal highlighted that a basic inquiry would have revealed the existence of IVF services in Nigeria, which questioned the legitimacy of the couple’s argument.
The ruling stated, “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 further remarked that neither party provided objective evidence regarding IVF’s availability in the country, and Judge Malone failed to clarify how Maria formed her view.
“While it may have been her subjective opinion that treatment is unavailable, the judge needed to determine the objective reality of IVF availability in Nigeria. The Secretary of State’s assertion before us—that a simple Google search could confirm the existence of IVF services in Nigeria—remains unchallenged,” the ruling added.
The upper tribunal concluded that the appeal by the Secretary of State was warranted and set aside the first-tier tribunal’s decision entirely. Additionally, the case has been remitted back to the first-tier tribunal, set to be heard by a different judge than Judge Malone.
Ogunbawo, who was convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity for his child, served a three-year prison sentence and is now caught up in ongoing deportation proceedings.
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