UK Court Overturns Ruling on Nigerian’s Deportation Over IVF Claim

A UK court reverses its decision to deport a Nigerian national, following a claim linked to in-vitro fertilization. Discover the latest developments in this landmark case.

A United Kingdom upper tribunal has reversed an earlier decision that stopped the deportation of 43-year-old Nigerian, Olutobi Ogunbawo. This change came after it was determined that his wife’s claim regarding the lack of in vitro fertilisation (IVF) treatment availability in Nigeria was unfounded.

Ogunbawo, convicted in 2019 for immigration offenses involving a conspiracy with a British citizen to falsely claim paternity, completed a three-year prison sentence.

After his release, he encountered deportation proceedings. In January 2023, a first-tier tribunal judge decided in his favor, highlighting how deportation would affect his wife Maria Adesanya’s chances of conceiving through IVF—something she claimed was not accessible in Nigeria.

Nonetheless, the Home Department contested the decision on the grounds that Maria’s testimony lacked credible evidence.

On November 4, 2024, the upper tribunal reviewed the case and concluded that the initial decision was flawed. They noted that the first-tier judge had neglected to verify the IVF claim with objective evidence.

The upper tribunal observed that a basic internet search could have verified the availability of IVF services in Nigeria, which undermined the couple’s argument.

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The judgment criticized the prior decision, noting: “We determine that it was a mistake for the judge to rely solely on Ms. A’s (referring to Maria) personal testimony in establishing as fact that IVF treatment is unavailable in Nigeria,” according to a report by Daily Mail on Sunday from the upper tribunal ruling.

The tribunal overturned the previous decision and commanded that the case be reheard by another judge.

We note the Secretary of State’s uncontroverted statement presented to us, highlighting that even a simple Google search shows IVF treatment is available in Nigeria.

The Secretary of State’s appeal is granted, resulting in the complete nullification of the First-tier Tribunal’s decision.

“The appeal is to be sent back to the First-tier Tribunal for a hearing before any judge except for First-tier Tribunal Judge Malone,” it stated.