The Court of Appeal has given its judgment in SSHD v Erika Kapp [2025] EWCA Civ 1203, a case about
deportation, family life and Article 8 ECHR.

Key Points from the Case

Background – Ms Kapp, a South African national, was deported in 2002 after a conviction. Her British
son, his wife, and two children (both with autism) now live in the UK and sought her return.

Tribunal Decisions – The First-tier Tribunal and Upper Tribunal both allowed her appeal, finding strong
family bonds and that it was in the children’s best interests for her to return.

Home Office Appeal – The Secretary of State argued that the Tribunal:

wrongly found family life existed;

misapplied the legal test of “very compelling circumstances”;

underplayed the wider public interest in deportation; and

failed to consider financial independence.

Court of Appeal Ruling –

Family life: Tribunal was entitled to find it continued.

Proportionality: The “very compelling circumstances” test was applied correctly.

Public interest: Wider concerns (deterrence, protection) were considered.

Financial independence: Tribunal erred by not assessing the risk that Ms Kapp might rely on UK public
funds.

Outcome – The Court of Appeal partly upheld the Home Office appeal. The case is sent back to the First-
tier Tribunal for a fresh decision limited to financial independence.

What it Means – The judgment shows that:

Exceptional family circumstances can outweigh the public interest in deportation;

But financial independence is a key factor that must always be addressed.

Need expert advice on deportation or human rights appeals?

Our immigration specialists at Lumine Solicitors are here to help you navigate complex cases involving
family life, Article 8 ECHR, and Home Office decisions.

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