A United Kingdom upper tribunal has overturned an earlier ruling that prevented the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian man, following his conviction for immigration fraud. This decision was made after reviewing new evidence related to the case.
Ogunbawo was convicted in 2019 for conspiring with a British citizen to falsely claim paternity. After serving a three-year prison sentence, he faced deportation.
However, in January 2023, a first-tier tribunal judge ruled against his deportation, citing the impact on his wife, Maria Adesanya, who testified that in vitro fertilization (IVF) was unavailable in Nigeria. She argued that this would severely limit their chances of having children.
The Secretary of State for the Home Department appealed this decision, challenging the claim that IVF services were inaccessible in Nigeria. Upon review, the upper tribunal found that the earlier judgment heavily relied on Maria’s testimony without verifying her statements through independent evidence.
The judgment criticized the earlier ruling, stating: “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 tribunal set aside the earlier decision and ordered the case to be reheard by a different judge.
“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.
