A Nigerian man convicted of fraud has avoided deportation from the UK after successfully arguing that his removal would have a detrimental impact on his two children, both of whom have autism and additional needs.

Olufemi Adenyi Ojaleye, who was jailed for seven years for his role in a COVID loan scam, won an appeal against extradition on human rights grounds. His legal team claimed that deporting him would cause "unduly harsh consequences" for his children.

Although the Home Office argued that his absence would not significantly impact the children's lives particularly as he remains incarcerated a tribunal ruled in Ojaleye’s favor. The decision, first reported by The Telegraph, emphasized the children’s well-being over public interest concerns.

Ojaleye has been living in the UK since 2002 and has not returned to Nigeria in over two decades. In November, a lower tribunal upheld his appeal, stating that his ongoing presence in the UK, even while in prison, plays a vital role in his children's emotional and psychological support.

Despite the government’s argument that there would be no "material difference" to his children whether he stayed or was deported, it was noted that the children visit him in prison, in some cases daily, where possible.

The ruling has sparked renewed debate around immigration law, public safety, and the weight of family rights in deportation cases.