A Nigerian couple, Olutobi Ogunbawo and Maria Adesanya, are battling deportation from the United Kingdom as a UK upper tribunal overturned an earlier ruling that prevented Ogunbawo’s removal.
Maria Adesanya had claimed before a first-tier tribunal that deporting her husband would ruin her chances of conceiving a child, as she said in vitro fertilization (IVF) was unavailable in Nigeria.
In January 2023, Judge Malone of the first-tier tribunal agreed with Maria, ruling that deporting Ogunbawo would cause “undue hardship” for the couple. This decision temporarily halted his deportation.
However, the secretary of state for the home department appealed the ruling, questioning the validity of Maria’s assertion about the unavailability of IVF treatment in Nigeria.
On November 4, 2024, the UK upper tribunal reviewed the case and found that the initial ruling relied solely on Maria’s personal testimony without requiring independent evidence to support her claims.
“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 upper tribunal ruled.
The tribunal noted that basic research would have shown the availability of IVF services in Nigeria. “Even the most basic Google search reveals the existence of IVF treatment in Nigeria,” the judgment stated.
It further criticized the first-tier tribunal for failing to assess whether Maria had conducted any research or made inquiries at Nigerian hospitals or clinics offering fertility treatment.
The court concluded that the previous decision was flawed, stating, “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 case has now been sent back to the first-tier tribunal to be heard by a different judge.
Olutobi Ogunbawo, 43, had been convicted in 2019 for immigration-related offenses, including conspiring to facilitate unlawful immigration. He served a three-year prison sentence and has since faced deportation proceedings.
This case has sparked reactions, with some questioning Maria’s claims. A commenter, John Benson, said, “IVF treatments are available in major cities in Nigeria. This couple should have provided evidence to back their claims.”
Others, however, sympathized with the couple. Linda Okeke wrote, “The process of deportation can be hard on families. I hope the tribunal considers their plea carefully.”
