R (Chikwamba) v Secretary of State for the Home Department [2008] UKHL 40, [2008] All ER (D) 330 (Jun)
It is only comparatively rarely, at least in family cases involving children, that an Art 8 of the Convention appeal against refusal of asylum and leave to enter should be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad.