UTIAC The significance of Chikwamba v SSHD [2008] UKHL 40 is to make it plain that, in appeals where the only matter weighing on the respondent’s side of an Article 8 proportionality balance is the public policy of requiring an application to be made under the immigration rules from abroad, that legitimate objective will usually be outweighed by factors resting on the appellant’s side of the balance. The Chikwamba principle is not confined to cases where children are involved or where the person with whom the appellant is seeking to remain has settled status in the United Kingdom.
Judges:
Menzies L, Lane UTJ
Citations:
[2011] UKUT 444 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 26 September 2022; Ref: scu.448412
