UK upper tribunal has overturned a previous decision that had halted the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian man.
The initial ruling was based on claims by his wife, Maria Adesanya, that in vitro fertilization (IVF) treatment would be inaccessible to them if they were deported to Nigeria.
Ogunbawo, who was convicted in 2019 for immigration offenses after conspiring with a British citizen to falsely claim paternity, served a three-year prison sentence. Following his release, he faced deportation proceedings.
In January 2023, a first-tier tribunal judge ruled in his favor, citing the potential impact on his wife's ability to conceive using IVF, which she claimed was unavailable in Nigeria.
However, the Home Department challenged this assertion, arguing that the tribunal's reliance on Maria's testimony lacked sufficient evidence.
The upper tribunal reviewed the case and found that the original ruling was flawed. "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 tribunal stated.
The tribunal criticized the initial decision, noting that even a basic internet search could confirm the availability of IVF services in Nigeria.
As a result, the case has been sent back to the first-tier tribunal for reconsideration by a different judge.
The tribunal upheld the Secretary of State’s assertion that IVF services are accessible in Nigeria.
Tone Jarvis-Mack, CEO of the Fertility Foundation Charity, expressed astonishment at the original ruling, stating, "How can this ruling be justified when so many law-abiding couples in the UK are denied the same opportunity? It's staggering that a judge would rule on such a high-profile case when even the most basic Google search reveals the existence of IVF treatment in Nigeria."
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