A Nigerian man, Olufemi Ojaleye, who was convicted of defrauding the UK government’s COVID-19 Bounce Back Loan Scheme, has successfully avoided deportation after a tribunal ruled in his favor on human rights grounds, citing his children’s special needs.
Ojaleye, described in court as playing “a leading role in a sophisticated fraud,” was sentenced to seven years in prison. Despite the serious nature of his crime, the UK’s Upper Tribunal has upheld an earlier decision preventing his removal to Nigeria, primarily due to the severe impact it would have on his two children, both of whom are autistic and require extensive care.
The fraudster, who arrived in the UK as a visitor in 2002 and last traveled to Nigeria in 2004, was ordered to be deported by the Home Office following his conviction. However, the First-tier Tribunal initially blocked the deportation in November, highlighting the risk of emotional and practical hardship for his family.
That decision was challenged by the Home Office, but the Upper Tribunal has now confirmed the ruling. Lawyers for Ojaleye argued that deporting him would inflict “unduly harsh consequences” on his children, referencing statements from their specialist school about their daily dependence on him, even from prison.
The tribunal was told the children require help with basic activities such as dressing, eating, and toileting, and that their mother has been left “emotionally and financially drained” managing their care alone.
The Home Office had argued that the children’s situation wouldn’t be significantly worsened by his deportation, given that he was already serving a prison sentence. However, the court noted Ojaleye remains in close contact with his children, speaking to them daily when possible and receiving visits from them during his incarceration.
Judge Elizabeth Ruddick ruled there was “no material error of law” in the initial decision, allowing Ojaleye to remain in the UK despite the severity of his crime.
This case is one of several highlighted in court filings where human rights arguments have prevented deportation, even in instances involving serious criminal convictions.
