Ben Keith represents Secretary of State in Court of Appeal Deportation Appeal

The Court of Appeal has handed down judgment in Safi v Secretary of State for the Home Department [2026] EWCA Civ 149, a significant decision concerning appellate restraint and the treatment of expert evidence in deportation appeals engaging Articles 2 and 3 of the European Convention on Human Rights.

Ben Keith appeared for the Secretary of State for the Home Department in the appeal.

Background
The case concerned an Afghan national who had arrived in the United Kingdom as a child and was subject to deportation following serious criminal convictions, including aggravated burglary. The First-tier Tribunal allowed the claimant’s appeal against deportation, finding that removal would breach Articles 2 and 3 ECHR in light of extensive expert evidence addressing risk, vulnerability, and the individual’s personal circumstances.

The Upper Tribunal upheld that decision, concluding that there was no material error of law.

The Court of Appeal’s decision
The Secretary of State appealed to the Court of Appeal, which dismissed the appeal. The Court emphasised the limits of appellate intervention in specialist tribunal fact-finding and the importance of properly challenging expert evidence where it is relied upon.

The Court held that where detailed expert material is unchallenged, an appellate court will be slow to interfere with a tribunal’s evaluative conclusions on risk and vulnerability.

Significance
The judgment provides guidance on the approach to Articles 2 and 3 deportation cases, the evidential role of trafficking and mental-health findings, and the principles governing appellate restraint.

The full judgment can be read here.

Ben Keith is a leading barrister specialising in cross-border and international matters, regularly instructed in significant appellate litigation involving immigration, extradition, public law and human rights.

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