CA-2024-001283 - [2025] EWCA Civ 1203

The respondent is a 70-year-old citizen of South Africa, having been born on 11 September 1955. She is a widow and currently lives alone in South Africa.

On 10 January 2002, when she was 46 years of age, the respondent was apprehended at Heathrow Airport attempting to import 31.4kg of herbal cannabis, (with an estimated street value of £92,000.00), into the United Kingdom (“UK”).

The respondent was charged with the offence of being knowingly concerned in the fraudulent evasion of a prohibition on the importation of a Class B controlled drug, contrary to section 170(2)(b) of the Customs and Excise Management Act 1979 and the Misuse of Drugs Act 1971.

On 22 March 2002, in the Crown Court at Isleworth, the respondent pleaded guilty to the offence and was sentenced to 12 months’ imprisonment. She was also recommended for deportation.

On 15 May 2002, the SSHD signed a deportation order, which was enforced on 13 July 2002 and the respondent was returned to South Africa.

The respondent has an adult son, Courtnall, who was born in the UK and is a British Citizen. Following his birth, the respondent returned to live in South Africa with her son, where he was raised by the respondent.

After his mother’s arrest in January 2002, Courtnall travelled to the UK where he remained until the respondent was deported in July 2002, when they both returned to live in South Africa.

Subsequently, Courtnall married his wife. They have two children, “A”, now aged 16 and “B”, now aged 12.

The respondent lived with her son and his family, whilst they were in South Africa. However, in 2019, Courtnall travelled with his wife and children to the UK where they have remained.

On 27 May 2020, Courtnall made an application to revoke the deportation order which had been made in respect of his mother, in order that she could join them in the UK.