The Court of Appeal said its decision was ‘necessary in UK society to protect the economic well-being of the UK and the rights of citizens’
November 27, 2025 13:58
A ruling by an immigration tribunal that granted a Gazan family refugee status in the UK, which could have established a key precedent in asylum law, has been overturned following an appeal by the Home Office.
The family, whose home was destroyed in an airstrike after the outbreak of the Gaza War, had applied to come to the UK to live with a relative under a scheme intended for Ukrainians fleeing the Russian invasion.
Under normal circumstances, UK immigration law only allows this to happen when there are "close family ties", but this requirement was waived for certain Ukrainian refugees as their circumstances were considered "extremely dangerous".
The Palestinian family were said to be seen unfavourably by Hamas as, according to court reports, they had a history of involvement with the Palestinian Authority.
An original first-tier tribunal (FTT), held in May last year, ruled that family ties "existed between the sponsor and the family" but still refused entrance, despite the “extreme and life-threatening” situation that the family was in.
They then appealed to a higher court - the Upper Tribunal (UT) - which overturned the FTT’s decision on the basis of their right to family life under the European Convention on Human Rights.
However, this prompted Home Secretary Shabana Mahmood take the case to the Court of Appeal, not to force the family back to Gaza, but to ensure that the ruling does not set a precedent to allow similar cases in the future.
In court documents seen by the JC, the Court of Appeal criticised the Upper Tribunal’s decision and stated: "Exceptional or compelling circumstances had not been shown.
"The UT had been wrong to pay such little regard to the immigration control policies of the Secretary of State for the Home Department (SSHD) and the UK Government, as reflected in the rules, as expressing what was necessary in the interests of the economic well-being of the UK and for the protection of the rights of the citizens of the UK.
"The UT wrongly overstated the importance of the family’s short-lived family life with the sponsor (had it existed at all), the best interests of the children of the family and the admittedly serious risks faced by the family in Gaza."
The court ruled: "The SSHD’s policy is a matter for her and for the UK Government.
"It was not a question of floodgates or numbers likely to apply from war zones across the world. It was a question of respect for the UK’s laws and democratic process.
"The decision as to what was necessary in UK society to protect the economic well-being of the UK and the rights of citizens of the UK was the business of the SSHD and the government."
The family will be allowed to remain in the UK, with the court adding: "The SSHD was granted permission to appeal to the Court of Appeal notwithstanding that she had already agreed to provide entry clearance to the family, because the appeal raised points of general importance.
"Accordingly, allowing the appeal will have no effect on the family’s situation."
The JC has contacted the Home Office for comment.
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