The UK Upper Tribunal has overturned a previous ruling that prevented the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian, following claims from his wife, Maria Adesanya, that in vitro fertilisation (IVF) treatment was not available in Nigeria.Ogunbawo, who was convicted in 2019 for immigration-related offenses, initially evaded deportation after Maria successfully argued at a first-tier tribunal that his removal would eliminate her chances of having a child. She testified that IVF, crucial for their conception efforts, was unavailable in Nigeria, a statement the tribunal accepted.In January 2023, Judge Malone of the first-tier tribunal ruled that deporting Ogunbawo would impose significant hardship on the couple, thereby blocking his removal. However, the Home Secretary contested this decision, challenging the credibility of Maria’s claims regarding the availability of IVF services.
The case was then referred to the Upper Tribunal for further consideration. On November 4, 2024, the Upper Tribunal determined that the first-tier tribunal had made an error by accepting Maria’s testimony without requiring supporting independent evidence. They noted that a simple search would have revealed the existence of IVF services in Nigeria, thereby undermining the couple’s argument.The Upper Tribunal’s judgment stated, “We conclude that the judge erred in exclusively relying upon Ms. A’s (Maria) personal testimony when concluding that IVF treatment is unavailable in Nigeria.
They emphasized that the first-tier tribunal judge had not provided any objective evaluation of the availability of IVF services, acknowledging that Maria’s perspective may have been subjective without thorough research or investigation.The judgment pointed out that the Secretary of State had asserted that even a basic Google search would demonstrate that IVF treatment is available in Nigeria.As a result, the Secretary of State’s appeal was upheld, nullifying the first-tier tribunal’s decision in its entirety. The case has been remitted to the first-tier tribunal for new consideration by a different judge.Ogunbawo was convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity of his child, resulting in a three-year prison sentence while he continues to face deportation proceedings.
