The Court of Appeal's judgment in a foreign criminal deportation case, handed down on 8 July 2026, concerns how tribunals approach Article 8 human rights claims and affects people facing deportation after a conviction.
Key facts
- Who: People facing deportation after a criminal conviction who rely on a human rights (Article 8) claim, and those advising them.
- From: 8 July 2026 (judgment date)
- Source: Secretary of State for the Home Department v Collins Cuthbert Lewis [2026] EWCA Civ 879
The Court of Appeal (Civil Division) handed down judgment on 8 July 2026 in Secretary of State for the Home Department v Collins Cuthbert Lewis [2026] EWCA Civ 879. Lord Justice Lewis gave the judgment, sitting with Lord Justice Moylan and Lord Justice Stuart-Smith. The hearing took place on 18 June 2026.
Background. Mr Lewis is a national of Dominica who came to the UK aged 14 in 2007. On 26 September 2019 he was convicted of drug offences, including possession of class A drugs with intent to supply, and sentenced to 3 years and 9 months' imprisonment. On 1 July 2024 he was convicted of further class A supply offences and sentenced to 5 years and 4 months' imprisonment. His limited leave to remain expired on 16 October 2015.
Mr Lewis has a child born in 2018 whom he has not seen since 2019. He has a diagnosis of post-traumatic stress disorder. The Home Secretary refused his human rights claim on 8 July 2021 and issued a supplementary letter on 2 September 2024.
The tribunals. The First-tier Tribunal allowed his appeal. It treated the sole issue as whether there were "very compelling circumstances" outweighing the public interest in deportation, and found there were. The factors it identified included his wish for contact with his son, his mental health and a lack of support in Dominica. The Upper Tribunal dismissed the Home Secretary's appeal, saying the finding was one of fact that the First-tier Tribunal was entitled to reach.
The question. The Home Secretary argued that the First-tier Tribunal erred in its approach to section 117C(6) of the Nationality, Immigration and Asylum Act 2002 and reached a perverse or inadequately reasoned conclusion. The Home Secretary also argued that the Upper Tribunal erred on the scope of section 117C(6), on deciding whether an error is material, and on when a ground need not be considered. The Court said the appeal raises again how tribunals should approach these cases, the nature of their task and the decision-making structure they should follow.
The framework. A person who is not a British citizen and is sentenced to at least 12 months' imprisonment is a "foreign criminal". Under the UK Borders Act 2007 their deportation is treated as conducive to the public good, and the Home Secretary must make a deportation order unless an exception applies. One exception is where deportation would breach Convention rights, including Article 8 (private and family life).
What this means for people facing deportation
A human rights claim is one way a person can argue that deportation would breach their Convention rights, and a refusal of that claim can be appealed to the First-tier Tribunal. Outcomes depend on the facts of each case. Anyone facing deportation should take legal advice early and check the deadlines on any notices they have received.
Sources
- Secretary of State for the Home Department v Collins Cuthbert Lewis [2026] EWCA Civ 879, Court of Appeal (Civil Division), 8 July 2026: https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/879