Court rules tribunal misapplied the legal test in Article 8 deportation appeal
The Court of Appeal has allowed the Home Secretary’s appeal in a significant deportation case, ruling that the lower tribunals applied the wrong legal approach when deciding whether a foreign national convicted of serious drug offences should remain in the UK on human rights grounds.
In Secretary of State for the Home Department v Collins Cuthbert Lewis ([2026] EWCA Civ 879), the court examined how tribunals should assess whether deporting a foreign criminal would breach Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. The judgment was handed down on 8 July 2026 by Lord Justice Moylan, Lord Justice Stuart-Smith and Lord Justice Lewis.
Collins Cuthbert Lewis, a national of Dominica, arrived in the UK in 2007 at the age of 14. His lawful leave expired in October 2015, after which he remained in the country without permission. He was convicted in 2019 of offences involving the possession of crack cocaine and heroin with intent to supply and received a total prison sentence of three years and nine months. While his appeal against deportation was still progressing, he was convicted again in July 2024 of further offences involving the supply of cocaine and heroin and sentenced to five years and four months’ imprisonment.
Lewis argued that deportation would disproportionately interfere with his Article 8 rights. He relied on factors including his wish to re-establish contact with his son, his diagnosis of post-traumatic stress disorder following a stabbing in 2015, and the lack of support available to him in Dominica. The First-tier Tribunal accepted that there were “very compelling circumstances” outweighing the public interest in deportation and allowed his appeal. The Upper Tribunal later upheld that decision.
The Court of Appeal concluded that the First-tier Tribunal’s reasoning did not properly apply the statutory framework governing the deportation of foreign criminals. The judgment emphasised that tribunals must carefully follow the structure set out in Part 5A of the Nationality, Immigration and Asylum Act 2002, including the requirements of section 117C when considering whether very compelling circumstances exist. The court also stressed that, although tribunals are not legally required to address every statutory exception in a particular sequence, their reasoning must clearly demonstrate that the correct legal test has been applied.
Allowing the Home Secretary’s appeal, the Court of Appeal held that the earlier decisions could not stand because of errors in the legal approach taken. The judgment provides further guidance for tribunals dealing with Article 8 deportation appeals involving foreign criminals and reinforces the importance of applying the statutory framework consistently.