The United Kingdom’s Upper Tribunal has overturned a decision that initially blocked the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian national convicted of immigration-related offences.

Ogunbawo, who was sentenced to three years in prison in 2019 for conspiring with a British citizen to falsely claim paternity, faced deportation after his release. However, his wife, Maria Adesanya, successfully challenged the deportation earlier this year, arguing that her ability to undergo in vitro fertilisation (IVF) treatment would be compromised if he were deported. She claimed that IVF was inaccessible in Nigeria, making his presence in the UK essential for their attempts to conceive.

In January 2023, a First-tier Tribunal judge ruled in Ogunbawo’s favor, citing Maria’s testimony as a significant factor in the decision. The judge accepted her claims without requiring additional evidence to substantiate her assertion that IVF services were unavailable in Nigeria.

However, the Secretary of State for the Home Department appealed the ruling, asserting that the tribunal’s decision was flawed and lacked proper verification of Maria’s claims. Upon review, the Upper Tribunal sided with the Home Department, stating that the initial judgment failed to consider objective evidence.

The tribunal noted that even a simple online search would have revealed the availability of IVF services in Nigeria. The judgment criticised the original ruling, stating: “It was an error to rely solely on Ms. Adesanya’s personal evidence without seeking independent verification of her claims.”

As a result, the tribunal overturned the earlier decision, remitting the case to the First-tier Tribunal for reconsideration by a different judge. The move clears the way for deportation proceedings against Ogunbawo to continue.

The case has sparked discussions about the verification of claims in immigration disputes and the broader implications for deportation cases involving family ties.

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