Why the Gazan family weren’t entitled to asylum
The Court of Appeal has delivered a judgment on the so-called ‘Gaza family’ claim, which sparked such outrage at Prime Minister’s Questions back in February. The row related to a decision of the Upper Tribunal to allow a Palestinian family from Gaza, who had a relative living in the UK, to enter the country.
The family had initially applied under the Ukraine Family Visa Scheme and also relied on Article 8 of the European Convention on Human Rights (the right to a family life). Their claim was initially refused, but they were allowed to stay, on appeal, after the Upper Tribunal determined that they had demonstrated ‘a very strong claim indeed’ and that there were ‘compelling or exceptional circumstances’ to justify the appeal being allowed.
The court ruled that the tribunal had been ‘wrong to pay so little regard to the immigration control policies’ of the government
The case prompted the Leader of the Opposition, Kemi Badenoch, to raise the matter at PMQs. In response, Keir Starmer said that he did not agree with the decision and indicated that the Home Secretary would bring forward a change in the law to close what he termed ‘a loophole’. There was particular concern at the Home Office that the decision could open the floodgates to more claims and allow anyone from a conflict zone with family in the UK to........





















Toi Staff
Sabine Sterk
Gideon Levy
Tarik Cyril Amar
Stefano Lusa
Mort Laitner
John Nosta
Ellen Ginsberg Simon
Gilles Touboul
Mark Travers Ph.d
Daniel Orenstein