A UK tribunal has ruled against a Nigerian man, Olutobi Ogunbawo, ordering his deportation after he and his British wife, Maria Adesanya, appealed to the court to prevent his removal.
Ogunbawo, 43, has been on trial in the UK since 2019 for immigration-related offenses, during which he served three years in prison.
The couple had pleaded with the court for mercy, arguing that Ogunbawo’s deportation would significantly impact their plans to start a family.
They highlighted the unavailability of in vitro fertilisation (IVF) treatment in Nigeria as a key reason for their request, asserting that his removal would hinder their chances of having a child through IVF.
Initially, a first-tier tribunal judge sided with the couple, but the UK Home Secretary contested the decision.
The Home Secretary argued that the judge had relied too heavily on the couple’s testimony without sufficient evidence to back their claims.
Following a review of the case, the upper tribunal ruled on November 4, 2024, that the original decision was flawed.
The tribunal pointed out that a simple online search would have confirmed the availability of IVF in Nigeria, directly contradicting the couple’s argument.
In its final ruling, the upper tribunal stated, “The judge erred in relying exclusively on Ms. A’s personal testimony regarding the unavailability of IVF in Nigeria,” adding that a basic search confirmed the existence of IVF services in the country.
As a result, the tribunal upheld the decision to deport Ogunbawo.
