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The UK upper tribunal has overturned a previous ruling that blocked the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian, following a claim by his wife, Maria Adesanya, that in vitro fertilisation (IVF) treatment was unavailable in Nigeria.
Ogunbawo, who was convicted in 2019 for immigration-related offenses, had initially avoided deportation after his wife successfully argued before a first-tier tribunal that removing him from the UK would end their chances of having a child.
Maria testified that IVF, which the couple needed to conceive, could not be accessed in Nigeria, and the tribunal accepted her claim.
In January 2023, Judge Malone of the first-tier tribunal ruled that deporting Ogunbawo would cause undue hardship to the couple and halted his removal.
However, the Home Secretary challenged this decision, questioning the accuracy of Maria’s claim regarding IVF availability.
The case was subsequently referred to the upper tribunal for review.
On November 4, 2024, the upper tribunal ruled that the first-tier tribunal had made an error by relying solely on Maria’s testimony without requiring independent evidence to support her claim.
The upper tribunal pointed out that a simple online search would have shown that IVF treatment is available in Nigeria, undermining the basis of the couple’s argument.
The ruling stated, “We conclude that the judge erred in relying exclusively on Ms. A’s (Maria’s) personal evidence when determining that IVF treatment is unavailable in Nigeria.”
The tribunal emphasized that while Maria’s view on IVF availability may have been sincere, the judge should have assessed objective evidence to determine the factual availability of IVF in Nigeria.
The tribunal also highlighted that the Secretary of State’s claim—uncontested by the couple—that a basic Google search could confirm the availability of IVF clinics in Nigeria.
As a result, the upper tribunal granted the Home Secretary’s appeal, ruling that the first-tier tribunal’s decision be set aside. The case will now be heard by a different judge in the first-tier tribunal.
Ogunbawo was convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity of his child.
He served a three-year prison sentence and has been involved in ongoing deportation proceedings since his release.