UK Court Halts Deportation of Nigerian Man Citing Children’s Welfare

A Nigerian man convicted of a multimillion-pound COVID-19 fraud scheme has avoided deportation from the United Kingdom, after a tribunal ruled that removing him from the country would have a devastating impact on his British children with special needs.

Olufemi Ojaleye, who was sentenced to seven years in prison for orchestrating a sophisticated fraud operation, including exploiting the UK government’s COVID-era bounce-back loan scheme, has been granted the right to remain in the UK on human rights grounds.

The tribunal decision, revealed in court documents published Monday, comes despite tough UK laws that strongly favour deporting foreign nationals convicted of serious crimes. But the court found that Ojaleye’s parental responsibilities—especially toward two autistic children—outweighed the public interest in deporting him.

Ojaleye played a leading role in defrauding the UK government through the bounce-back loan scheme, introduced in 2020 to help small businesses survive the economic fallout of the pandemic. The scheme allowed businesses to borrow up to £50,000 with minimal checks—loopholes that Ojaleye and others exploited for personal gain.

Despite his conviction and a lengthy prison sentence, the court ruled in his favor last month, citing compelling family circumstances.

The Legal Loopholes

Under UK immigration law, deportation is considered a matter of public interest for any foreign national convicted of a crime with a sentence exceeding 12 months. However, two key exceptions can override this presumption.

The first is when the individual has spent most of their life in the UK and is socially integrated, and would face significant challenges reintegrating into their country of origin.

The second—and more relevant in Ojaleye’s case—is when deportation would cause “unduly harsh” consequences for a qualifying partner or child. A qualifying child is defined as one who is British or has lived in the UK continuously for at least seven years.

Ojaleye is the father of four British children from two different mothers. Two of the children, diagnosed with autism, were found to have “very significant additional needs.”

Lawyers representing Ojaleye argued that the children’s autism affects nearly every aspect of their lives, including basic daily activities such as dressing, eating, and toileting. They emphasised that the children rely heavily on routine and structure, which would be severely disrupted if their father were deported.

The UK Home Office countered, pointing out that the children had already adapted to his absence during his prison sentence. They argued this showed they could cope without him.

But the tribunal was swayed by testimony from the children’s mother, who stated that visiting Ojaleye in Nigeria would be impossible due to their needs. It was also noted that the children had maintained contact with him while he was incarcerated, visiting him regularly.

Court documents revealed that Ojaleye first entered the UK in 2002 and has lived in the country lawfully for the majority of the time since. He has only returned to Nigeria once, in 2004.

His case is one of a staggering 41,987 unresolved immigration appeals currently clogging the UK legal system—many hinging on complex human rights claims.