A United Kingdom Upper Tribunal has reversed an earlier ruling that prevented the deportation of a Nigerian, Olutobi Ogunbawo.
The reversal happened after his wife, Maria Adesanya, testified that In-Vitro Fertilisation (IVF) treatment was not available in Nigeria, an argument that was crucial to their defence.
In a recent statement, the UK Home Department said Ogunbawo, who was sentenced to 3 years in prison in 2019 for immigration offences, is now facing deportation proceedings.
Ogunbawo, 43, was convicted at the time for conspiring with a Briton to claim paternity falsely.
A first-tier tribunal judge ruled in his favour in January 2023, citing the impact of deportation on his wife’s ability to conceive through IVF.
Meanwhile, the claim was challenged by the Secretary of State for the Home Department, arguing that the tribunal’s reliance on her testimony lacked supporting evidence.
The upper tribunal reviewed the case and ruled on November 4 that the initial decision was flawed.
It was found during the hearing that the first-tier tribunal judge failed to seek objective evidence to verify the assertion of Maria.
The Upper Tribunal noted in the ruling that a simple internet search could confirm the availability of IVF services in Nigeria, undermining the couple’s argument.
The Upper Tribunal ruled: “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 tribunal set aside the earlier decision and ordered the case to be reheard by a different judge.
The UK Home Department added: “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.”
