A family of 18 individuals from Gaza has been granted the right to come to Britain following a human rights legal challenge, a decision that has become a point of contention in UK politics. The case was initiated by a mother of three, originally from Gaza, who is now a British citizen and had sought to bring her extended family to the UK.
The relatives involved in the challenge include the parents of the British citizen, her brother with his wife and four children, one sister with four children, and another sister with her husband and three children. The Home Office had refused their application to enter the UK under refugee family reunification rules.
Their original application was submitted in late November 2023. The family first won a human rights appeal in the lower immigration court in April of the following year. This decision was subsequently appealed by the Home Secretary. However, Upper Tribunal Judge Gemma Loughran upheld the lower court's decision, dismissing the Home Secretary's appeal.
The ruling determined that denying the family entry breached the UK's Human Rights Act. The Palestinians argued for their right to family life under the European Convention on Human Rights (ECHR), and their case was won under Section 6 of the Human Rights Act, which addresses the lawfulness of public authorities acting incompatibly with Convention rights.
During the legal proceedings, it was noted that most of the adult applicants did not speak English. The judge acknowledged that the UK-based sister would only be able to accommodate her parents and that the applicants would likely require access to public funds. The ruling also indicated that the UK-based daughter and her children had experienced mental health issues related to the situation of their relatives in Gaza.
Judge Loughran stated that the refusal of entry clearance would have consequences of such gravity for the sponsor and her children as to be unjustifiably harsh, thereby outweighing the public interest. She concluded that the decisions made were disproportionate and unlawful under the Human Rights Act 1998.
Opposition parties have criticized the ruling. Conservatives have argued that such decisions undermine border controls and risk opening the door to increased asylum claims from Palestinians. They have called for the abolition of the immigration tribunal and for the UK to leave the ECHR.
This case follows a similar instance last year where another Gazan family successfully used a legal challenge to enter the UK. At that time, Prime Minister Sir Keir Starmer stated his opposition to such cases, emphasizing that Parliament should determine immigration rules.