The United Kingdom’s Upper Tribunal has overturned a previous ruling that blocked the deportation of 43-year-old Nigerian Olutobi Ogunbawo, TOPMEDIA NIGERIA reports.
The reversal comes after it was determined that a key argument in his defence, concerning the availability of in vitro fertilisation (IVF) treatment in Nigeria, was not adequately supported by evidence.
Ogunbawo, convicted in 2019 for immigration offences related to conspiring with a British citizen to falsely claim paternity, served a three-year prison sentence. Following his release, deportation proceedings began.
In January 2023, a First-tier Tribunal judge ruled in his favour, citing the potential impact of deportation on his wife, Maria Adesanya, who had testified that IVF treatment, crucial for their efforts to conceive, was unavailable in Nigeria.
However, the UK Home Secretary challenged the ruling, arguing that the tribunal relied too heavily on Maria’s testimony without seeking corroborating evidence.
Upon review, the Upper Tribunal agreed, stating on November 4, 2024, that the initial decision was flawed. It found that the First-tier Tribunal judge did not seek objective verification of Maria’s claim.
The ruling stated that even a basic online search would have revealed that IVF services are accessible in Nigeria, undermining the couple’s argument.
“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 ruled, according to Daily Mail on Sunday.
The Upper Tribunal has set aside the earlier ruling and ordered the case to be reheard by a different judge.
“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 tribunal stated.
It added that the appeal would be sent back to the First-tier Tribunal to be heard by a judge other than Judge Malone.
This decision places Ogunbawo’s deportation status back in question as the legal proceedings continue.
