Couple begs UK Court over deportation as wife claims IVF unavailable in Nigeria

A UK upper tribunal has overturned an earlier decision that halted the deportation of Olutobi Ogunbawo, a 43-year-old Nigerian, after his wife, Maria Adesanya claimed that in vitro fertilisation (IVF) treatment was unavailable in Nigeria.

Ogunbawo, who was convicted in 2019 for immigration-related offenses, had initially avoided deportation when his wife, Maria Adesanya, argued successfully before a first-tier tribunal that removing him from the UK would extinguish her chances of having a child.

Maria had testified that IVF treatment, essential for their efforts to conceive, was unavailable in Nigeria, a claim the tribunal accepted.

In January 2023, Judge Malone of the first-tier tribunal ruled that deporting Ogunbawo would impose undue hardship on the couple, effectively blocking his removal.

However, the secretary of state for the home department challenged this decision, questioning the credibility of the claim about IVF availability.

The case was subsequently referred to the upper tribunal for review.

On November 4, 2024, the upper tribunal found that the first-tier tribunal had erred in its judgment by accepting Maria’s testimony without requiring independent evidence to back her assertions.

The upper tribunal pointed out that even a cursory search would have shown the existence of IVF services in Nigeria, undermining the foundation of the couple’s argument.

The judgment stated, “We conclude that the judge erred in exclusively relying upon Ms. A’s (referring to Maria) personal evidence when finding as a fact that IVF treatment is unavailable in Nigeria,” the upper tribunal ruled.

“In circumstances where neither party filed objective evidence as to the availability of IVF treatment in Nigeria, the judge failed to address in his reasoning as to how Ms. A had formed her personal view.

“Whilst it may have been her subjective view that the treatment is unavailable, the judge was required to assess and determine the objective fact of whether IVF treatment is available in Nigeria or not.

“For example, we cannot discern from the judge’s decision whether he concluded that IVF treatment is unavailable based upon a bald assertion from Ms. A without her having performed any research into what IVF treatment is available in Nigeria, or equally whether his finding is based upon oral evidence detailing efforts she made in contacting hospitals and clinics in Nigeria about offering fertility treatment.

“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 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 appeal is to be remitted to the First-tier Tribunal to be heard by any judge other than First-tier Tribunal Judge Malone.”

Convicted of conspiring to facilitate unlawful immigration by paying a British citizen to falsely claim paternity of his child, Ogunbawo served a three-year prison sentence but has since remained embroiled in deportation proceedings.

Source: https://www.vanguardngr.com/2024/12/couple-begs-uk-court-over-deportation-as-wife-claims-ivf-unavailable-in-nigeria/

The western countries like to think of Africa as a continent where people live on trees and have no cable TV. Now, Nigerians in diaspora are cashing in on it.

Abeg anything you can say so you don't have to return to this shithole and get a better life over there, don't hesitate to claim it. Agbadorians and Escobar have ruined this country.

Oga, we have several IVF clinics in Nigeria. Come back home, your uncle is the President.

The mad things people do to remain in the UK

Wait fess ohhhh!

why is this current Labor Govt in the UK deporting Ronu APC, UK block? First it was the Yahoo pasta, then this one?

Zonefree:
Oga, we have several IVF clinics in Nigeria. Come back home, your uncle is the President.

Shh!!!

They will both be around for Christmas and New Year celebrations

If you sell your brother cheap.. the buyer wont trust you

Lol 😂😂😂 they wan carry UK handicap. .. Nigeria is littered with IVF centers

Good for them

They are now afraid to come back home after prolly supporting a disaster.

Most supporters of the failed Pharoah supports him from abroad with a vow never to return home. Go back to your land ooo.

Nigerians are the problems of Nigeria. They would say or do anything for self aggrandizement regardless of public damage caused. And we wonder why the country is in this state of mess? Until we start orientating everyone towards the collective, this mindset will remain our Achilles heel

Hahahha clear case of Google is yr friend.. ... Ah Google y u come spoil market for this people na.😎😎😎

Mynd44:
They will both be around for Christmas and New Year celebrations

Muchecheche

But IVF is available in Nigria

IVF is Very Much available in Nigeria, Clearview Fertility Hospital in Lekki phase one Has the most Advanced Fertility treatment Equipment and services in West Africa. Even Couples in diaspora travel down there for their Fertility treatments with High Success Rate. Dr F.K Ajayi is doing a wonderful Job there....... So they should stop lying that IVF treatment is not available in Nigeria.

See heavy lying as if the tribunal have no access to Internet to Google locations of IVF facilities in Nigeria!.😂😂😂😂

Zonefree:
Oga, we have several IVF clinics in Nigeria. Come back home, your uncle is the President.

Well said. At least, the family may get to come back in peace and start all over again and yes, his uncle is the president. But your uncles and relatives out there are not coming home anytime soon as many of them are in various prisons around the world and unfortunately for them, their uncle, Obi, is not the president.

chatinent:
They are now afraid to come back home after prolly supporting a disaster.

Most supporters of the failed Pharoah supports him from abroad with a vow never to return home. Go back to your land ooo.

so u want us to believe every Yoruba supported tinubu now but later u will ask where tinubu got his votes from right?

Peppysco:


Well said. At least, the family may get to come back in peace and start all over again and yes, his uncle is the president. But your uncles and relatives out there are not coming home anytime soon as many of them are in various prisons around the world and unfortunately for them, their uncle, Obi, is not the president.

the most jailed tribe in d world

Imagine having 1.3 million of them jailed only in India, only in India ni oooo

Nigerians must not allow diaspora voting cos only those people in prison can give their obi 15 million votes before 11am on election day

Each family from that side has a member representing them in prison abroad

Nigerians are just busy disgracing themselves, Smh. Maybe they fell among those who had sold all their property and shut down their means of livelihood to procure slavery UK visa. Now ,nothing to fall back on hence, the desperation to remain in the UK.

This is a bad omen for them, if they're eventually deported cos it will be hard for them to apply for a visa to any of the western countries. Welcome home in advance.

Come home and leave the UK to its shenanigans. You will not die in Nigeria if you are determined to succeed back here. Just believe in God and yourself. Nigerians who are being deported from advanced nations can thrive in Nigeria based on what they have learnt or observed in the white man's land. Cheers.

It's well with their souls.

He is a Yoruba. So-called President Tinubu is a Yoruba. All Yorubas must be deported to Nigeria to enjoy maximum dose of Tinubu good regime.

essentialone:
He is a Yoruba. So-called President Tinubu is a Yoruba. All Yorubas must be deported to Nigeria to enjoy maximum dose of Tinubu good regime.

Eeyah

What about the known worldwide criminals in Asian prisons?

Who should come to their aid?

They bought that lie hook,line and sinker 😂😂😂😂😂😂😂

Except you are born in the UK or you have acquired Permanent Residence there pre 2016, you will most likely face an immigration tribunal in the UK. Except God helps you to escape the hooks of the Home Office . Guys, please go to other countries in Europe like Latvia, Lithuania etc. And please be honest in your Visa application to these countries. Cheers.

Cmanforall:
But IVF is available in Nigria

But not that affordable than the uk

Come back home. If you must stay, stop telling useless lies. UK is not heaven.