UK court reverses ruling in Nigerian deportation case over flawed IVF claims

The UK Upper Tribunal has overturned an earlier ruling that blocked the deportation of a 43-year-old Nigerian, Olutobi Ogunbawo. The case, which revolved around claims of limited access to in vitro fertilization (IVF) treatment in Nigeria, will now be reheard.

Ogunbawo, convicted in 2019 for immigration offenses involving false paternity claims, had served a three-year prison sentence and was facing deportation proceedings. In January 2023, a First-Tier Tribunal judge halted his deportation, citing the potential impact on his wife, Maria Adesanya, who argued that IVF treatment—critical to their hopes of starting a family—was unavailable in Nigeria.

Maria’s testimony had been pivotal to the initial ruling. However, the Secretary of State for the Home Department appealed the decision, challenging the lack of evidence supporting her claims.

On November 4, 2024, the Upper Tribunal found the original judgement flawed, stating that it relied solely on Maria’s testimony without verifying the availability of IVF services in Nigeria. The tribunal criticized the initial judge for not conducting a basic internet search that could confirm the existence of IVF clinics in the country.

“We observe the Secretary of State’s unchallenged assertion before us that even the most basic Google search reveals the existence of IVF treatment in Nigeria,” the ruling stated.

The Upper Tribunal has now annulled the previous decision and ordered a rehearing by a different judge, marking a significant setback for Ogunbawo’s deportation defense.

Further hearings will determine Ogunbawo’s fate as the legal battle continues.