UK COURT REVERSES RULING, ORDERS DEPORTATION OF NIGERIAN MAN OVER IMMIGRATION OFFENCES

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An earlier decision that prevented the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian who was found guilty of immigration charges, has been overturned by a UK upper tribunal.

The ruling follows his wife Maria Adesanya’s assertion—a crucial part of their defence—that in vitro fertilisation procedures were not available in Nigeria.

Ogunbawo was sentenced to three years in jail after being found guilty in 2019 of immigration charges that included plotting with a British national to make a fake paternity claim.

He was subject to deportation proceedings after being released. A first-tier tribunal judge decided in his favour in January 2023, pointing out that his wife’s ability to conceive through IVF was impacted by deportation.

According to Maria’s testimony, IVF—which is crucial to their attempts to create a family—was not available in Nigeria.

The Home Department secretary of state, however, contested this assertion, claiming that there was insufficient evidence to warrant the tribunal’s reliance on her testimony.

After reviewing the case, the superior tribunal declared the initial ruling to be faulty on November 4, 2024.

The judge of the first-tier tribunal was judged to have neglected to look for impartial proof to support Maria’s claim.

The couple’s argument was undermined by the top tribunal, which pointed out that a quick online search might verify that IVF procedures are available in Nigeria.

“We conclude that the judge erred in exclusively relying upon Ms. A’s (referring to Maria) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria,” the upper tribunal said in its conclusion, which criticised the previous decision, according to the Daily Mail on Sunday.

The panel ordered a new judge to hear the matter and overturned the previous ruling.

“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 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,” it added