A convicted fraudster, Olufemi Adenyi Ojaleye, has successfully avoided deportation due to the special needs of his two children, both diagnosed with autism.
Ojaleye was sentenced to seven years imprisonment after being found guilty of fraudulently obtaining Covid-19 relief loans. His appeal against extradition orders was granted on human rights grounds, citing concerns for the wellbeing of his offspring.
Lawyers representing Ojaleye argued that sending him back to Nigeria would inflict “unduly harsh consequences” upon his children. The Home Office initially contended that Ojaleye’s absence wouldn’t significantly impact his children, but this argument was ultimately rejected.
Ojaleye has resided in the UK since 2002 as a visitor and hasn’t returned to Nigeria for over two decades.
A lower tribunal initially approved Ojaleye’s appeal last November, prioritizing his children’s welfare over public concerns. The government argued that, given he is currently incarcerated, there would be no “material difference” regarding the impact of his deportation on their lives.
Visits from Ojaleye’s children occur in prison “where possible on a daily basis.”
The Upper Tier Tribunal (UTT) described Ojaleye as having played a “leading role in a sophisticated fraud,” exploiting the Covid Bounce Back Loan scheme, established to support small and medium-sized businesses during the pandemic.
A statement from the children’s specialist school highlighted the pervasive impact of their special needs:
“Their condition affects every aspect of [their] daily life. They need support with even the smallest tasks such as dressing, eating, and toileting.”
Ojaleye’s mother testified that travel to Nigeria would be “impossible” given her children’s requirements, adding that she is already experiencing emotional and financial strain, including multiple breakdowns.
While the upper tribunal judge affirmed the lower court’s decision, stating it contained “no material error of the law,” the Home Office emphasized that the ruling did not adequately consider the gravity of Ojaleye’s crimes. The government maintained that the potential hardship resulting from his extradition was insufficient to outweigh the “public interest” in enforcing deportation.
Key Points:
- Ojaleye was convicted of fraud related to Covid-19 relief loans.
- His appeal against deportation was based on the needs of his two autistic children.
- The courts prioritized the children’s wellbeing over public concerns about the convict’s crimes.
- The scheme was established by the Boris Johnson administration.