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Family Law

The leading authority on all aspects of family law

25 JUN 2008

IMMIGRATION: Chikwamba v Secretary of State for the Home Department [2008] UKHL 40

(House of Lords; Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood; 25 June 2008)

Only comparatively rarely should an appeal against the refusal of asylum and leave to enter based on the right to respect for family life under European Convention on Human Rights, Art 8, be dismissed on the ground that it would be proportionate and more appropriate for appellant to return to their home country and apply from abroad for leave to enter.

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