9th December 2024
A UK Upper Tribunal has overturned a previous ruling, paving the way for the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian national.
Ogunbawo was convicted of immigration offenses in 2019 and served a three-year prison sentence. Following his release, deportation proceedings began.
Initially, a First-Tier Tribunal judge ruled in Ogunbawo’s favor, citing the potential impact of deportation on his wife’s ability to conceive through in vitro fertilization (IVF). Ogunbawo’s wife, Maria, had claimed that IVF treatment was unavailable in Nigeria.
However, the UK’s Secretary of State for the Home Department challenged this claim, arguing that the tribunal’s reliance on Maria’s testimony lacked supporting evidence.
Upon reviewing the case, the Upper Tribunal found that the initial decision was flawed. The judge had failed to seek objective evidence to verify Maria’s assertion about IVF availability in Nigeria.
A simple internet search, the tribunal noted, could have confirmed that IVF services are indeed available in Nigeria. This undermines the couple’s argument.
The Upper Tribunal criticized the earlier ruling, stating that the judge had erred in relying solely on Maria’s personal evidence. The tribunal set aside the earlier decision and ordered the case to be reheard by a different judge.
The Secretary of State’s appeal was allowed, and the case was remitted to the First-Tier Tribunal for rehearing.
