Case No. UKUT-00129-(IAC)

78. The appellant , relying on what has been referred to by the parties as the Chikwamba principle, argues that (a) there is no public interest in requiring her to leave the UK merely in order to make a successful application for entry clearance ; and (b) because there is no public interest in her removal it is not necessary for her show that temporary separation would be disproportion ate or would give rise to any kind of unusual hardship . 79. To support these contentions, the appellant relies on a passage (at para. 44) in Chikwamba v SSHD [2008] UKHL 40 where Lord Brown stated: [I]t seems to me that only comparatively rarely, certainly in family cases involving children, should an article 8 appeal be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad." 80. This is said to be reinforced by R (Agyarko) v SSHD [2017] UKSC 11 , where Lord Reed stated at para. 51 that : Whether the applicant is in the UK unlawfully, or is entitled to remain in the UK only temporarily, however, the significance of this consideration depends on what the outcome of immigration control might otherwise be. For example, if an applicant would otherwise be automatically deported as a foreign criminal, then the weight of the public interest in his or her removal will generally be very considerable.