A UK upper tribunal has overturned a prior ruling that halted the deportation of 43-year-old Nigerian Olutobi Ogunbawo.

Ogunbawo's deportation was halted by a tribunal judge following a claim by his wife, Maria Adesanya, that they would not be able to access vitro fertilisation (IVF) treatment if deported to Nigeria.

Ogunbawo, who is fighting his deportation on human rights grounds, was convicted in 2019 for immigration offenses after conspiring with a British citizen to falsely claim paternity.

He paid the British citizen to register as the father of his unborn child so his partner could stay in the UK.

He served a three-year prison sentence and, upon his release, faced deportation proceedings.

In January 2023, a first-tier tribunal judge ruled in his favor, citing the impact of deportation on his wife’s ability to conceive using IVF, claiming it was not available in Nigeria.

However, the Home Department challenged this claim, arguing that the tribunal’s reliance on Maria’s testimony lacked sufficient evidence.

The upper tribunal reviewed the case and, on November 4, 2024, determined that the original ruling was flawed.

The tribunal found that the first-tier judge had failed to verify Maria’s statement with objective evidence, noting that a simple internet search could confirm the availability of IVF in Nigeria.

The judgment criticized the initial decision, stating, "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."

As a result, the upper tribunal set aside the previous decision and ordered the case to be reheard by a different judge.

The tribunal also upheld the Secretary of State’s assertion that IVF services are accessible in Nigeria, noting that even a basic Google search would confirm this.

The appeal was allowed, and the case was sent back to the first-tier tribunal for reconsideration by a new judge.

Tone Jarvis-Mack, chief exec of the Fertility Foundation Charity, blasted the earlier decision as “staggering”.

“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,” he said.

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