A UK upper tribunal has reversed a prior judgment that blocked the deportation of 43-year-old Nigerian Olutobi Ogunbawo.
Ogunbawo had been convicted in 2019 for immigration offenses, specifically conspiring with a British citizen to falsely claim paternity. After serving a three-year prison sentence, he faced deportation proceedings. In January 2023, a first-tier tribunal judge ruled in his favor, citing the potential impact on his wife, Maria Adesanya, who argued that in vitro fertilization (IVF) treatment was unavailable in Nigeria—a key factor in their defense.
Maria testified that IVF was essential for the couple’s plans to start a family and claimed it was not an option in Nigeria. However, the Secretary of State for the Home Department challenged this claim, asserting that the tribunal’s reliance on her testimony lacked corroborating evidence.
Tribunal Ruling Overturned
On November 4, 2024, the upper tribunal reviewed the case and determined the initial ruling was flawed. It found that the first-tier tribunal judge had failed to verify Maria’s assertion with objective evidence.
“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 upper tribunal stated, as reported by Daily Mail on Sunday.
The tribunal pointed out that a simple internet search would have revealed the availability of IVF services in Nigeria, undermining the couple’s argument.
The upper tribunal set aside the original decision and ordered the case to be reheard by a different judge.
Criticism and Reassessment
The judgment also criticized the lack of diligence in the earlier ruling, noting:
“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 tribunal concluded:
“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.”
The development now leaves Ogunbawo’s fate in the hands of the first-tier tribunal as his deportation case is revisited.
