Court of Appeal lead judgment finds tribunal error immaterial in deportation appeal

In the lead Court of Appeal judgment, Lady Justice Elisabeth Laing would dismiss a Ghanaian man's appeal against deportation after a sexual offences conviction, finding a tribunal's error about his son immaterial.

In [2026] EWCA Civ 1304, handed down on 12 October 2026, the Court of Appeal (Civil Division) considered an appeal from the Upper Tribunal (Immigration and Asylum Chamber). The panel was Lord Justice Males, Lady Justice Elisabeth Laing and Lady Justice Whipple. The judgment is given by Lady Justice Elisabeth Laing.

Background. Mr Osei-Bonsu is a citizen of Ghana. On 16 June 2023, after a trial at Warwick Crown Court, he was convicted of three counts of sexual activity with his step-daughter and sentenced to 26 months' imprisonment. The sentencing judge also imposed a ten-year requirement to register on the Sex Offenders' Register.

The Secretary of State decided to deport him and refused his human rights claim in a decision dated 8 March 2024. In that decision she accepted that he had a genuine and subsisting relationship with his son, N, a British citizen. She did not accept that he had such a relationship with N's mother. She accepted that it would be harsh, but not unduly harsh, for N to go to Ghana with his father. She did not accept that it would be unduly harsh for N to stay in the United Kingdom with his mother.

Mr Osei-Bonsu appealed to the First-tier Tribunal (Immigration and Asylum Chamber). Despite the Secretary of State's concession, that tribunal investigated the relationship with N and held that there was no genuine and subsisting relationship. It nevertheless went on to consider whether deportation would be unduly harsh and held that it would not. The Upper Tribunal held that the First-tier Tribunal had erred in law by going behind the concession. It dismissed the appeal because the error was not material.

The question. The Secretary of State accepted in the Court of Appeal that the First-tier Tribunal had erred in law. The short issue was whether that error was material.

The decision. Lady Justice Elisabeth Laing said she would dismiss the appeal. Her reason was that, on the facts, the First-tier Tribunal's error of law was immaterial.

The reasoning. The judgment sets out the background and the First-tier Tribunal's reasoning in detail. That tribunal approached the evidence of Mr Osei-Bonsu and N's mother with caution. It also gave limited weight to an independent social worker's report.

Sources

• Kofi Osei-Bonsu v Secretary of State for The Home Department [2026] EWCA Civ 1304, Court of Appeal (Civil Division), 12 October 2026