A UK upper tribunal overturned a deportation order against Nigerian Olutobi Ogunbawo, who was convicted of immigration offenses. His wife claimed IVF treatment was unavailable in Nigeria, but the court found no supporting evidence, ruling the case should be reconsidered by a different judge.
A UK upper tribunal has ruled against a Nigerian couple’s attempt to block a deportation order. Olutobi Ogunbawo, 43, was convicted in 2019 for immigration offenses and has been facing deportation. His wife, Maria Adesanya, argued that removing him would hinder their chances of having a child, citing the unavailability of in vitro fertilization (IVF) treatment in Nigeria.
In January 2023, a first-tier tribunal blocked the deportation, accepting Maria’s claim that IVF was unavailable in Nigeria. However, the UK’s Home Department appealed, questioning the credibility of Maria’s testimony. On November 4, 2024, the upper tribunal overturned the decision, stating that the first-tier tribunal had failed to require objective evidence regarding IVF availability in Nigeria.
The upper tribunal found that a simple online search would have revealed the availability of IVF services in Nigeria, undermining Maria's claim. The court also noted that the first-tier tribunal relied solely on Maria's assertion without supporting evidence, which was a significant error in judgment. As a result, the decision was set aside, and the case was sent back to the first-tier tribunal for a fresh hearing, to be overseen by a different judge.
Ogunbawo had served a three-year sentence for facilitating unlawful immigration by paying a British citizen to falsely claim paternity of his child. He continues to fight deportation despite the legal setbacks.
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