UK tribunal overturns deportation ruling for Olutobi Ogunbawo, citing flaws in evidence about IVF availability in Nigeria.
A United Kingdom upper tribunal has overturned a previous ruling that halted the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian national.
The decision comes after the Home Office successfully challenged claims that in vitro fertilisation (IVF) treatment is unavailable in Nigeria, a key argument in Ogunbawo’s appeal against deportation.
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Ogunbawo was convicted in 2019 of conspiring with a British citizen to falsely claim paternity, an immigration offence for which he served a three-year prison sentence.
Following his release, deportation proceedings were initiated. However, in January 2023, a first-tier tribunal ruled in his favour, citing potential harm to his wife, Maria Adesanya, and their efforts to conceive a child via IVF.
Maria testified during the proceedings that IVF treatment was essential to their family plans but was unavailable in Nigeria, making deportation a severe obstacle to starting a family.
The Home Office contested this claim, arguing that the tribunal’s reliance on Maria’s testimony lacked corroborative evidence.
On 4 November 2024, the upper tribunal reviewed the case and found significant flaws in the original judgment.
The tribunal ruled that the first-tier judge had failed to verify Maria’s assertion with objective evidence. “A simple internet search could confirm the availability of IVF services in Nigeria,” the judgment stated.
The tribunal criticised the first-tier decision for exclusively relying on Maria’s testimony without further investigation.
“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 upper tribunal stated, referencing the ruling.
The judgment also supported the Home Office’s argument that basic research disproved the claim, noting: “Even the most basic Google search reveals the existence of IVF treatment in Nigeria.”
As a result, the upper tribunal set aside the initial ruling and ordered the case to be reheard by a different judge.
The tribunal directed that the appeal be remitted to the First-tier Tribunal for reassessment by a judge other than Judge Malone, who presided over the initial decision.
This development reopens the possibility of Ogunbawo’s deportation, placing the couple’s arguments under fresh scrutiny.
The ruling underscores the importance of corroborative evidence in appeals and the role of the judiciary in verifying claims during immigration disputes.
