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A crucial legal victory was achieved by a Palestinian family striving to escape Gaza as they received a favorable ruling from the High Court in their battle to seek assistance from the UK government. The court directed the foreign secretary to reassess the possibility of aiding the family in their relocation. The family of six has been residing in a tent in Deir al-Balah, central Gaza, facing constant threats of harm or fatality. Their initial request to move to the UK, where they have a British relative, was made in January 2024. The government is currently reviewing the judgment, as stated by a spokesperson.
In a turn of events that garnered attention in February, the family’s plight was at the center of a dispute during Prime Minister’s Questions (PMQs). The altercation between Conservative leader Kemi Badenoch and Prime Minister Sir Keir Starmer revolved around erroneous claims suggesting the family had exploited a program for Ukrainian refugees. However, it was clarified that the family’s case was assessed on its own merits, separate from the protocols for resettling Ukrainians. The father, identified as “BEL,” along with his two adult children, had encountered gunfire from Israeli forces at a relief distribution point.
Their connection to the UK stems from the father’s sibling, referred to in court as “BSJ,” who settled in the UK legally following Hamas’ rise to power in Gaza in 2007 and subsequently obtained British citizenship. The court was informed that due to their affiliation with Hamas’ political adversaries, the family faced discrimination and even suffered the loss of a relative at the hands of the militant group. Amid the conflict that commenced in October 2023, BSJ sought permission for his brother and family to relocate to the UK. Although the Home Office permitted their entry in January of the present year, subject to biometric screening at the British consulate in Jordan, the Foreign Office declined to intervene with Israel to facilitate their departure from Gaza, citing its policy of only intervening in exceptional cases involving separated couples or parent-child pairs.
A ruling against the government was issued by Mr. Justice Chamberlain, declaring that while the law does not mandate government assistance for the family’s transit to the UK, the foreign secretary should reconsider the situation due to its legally extraordinary nature. The family’s legal representative, Liz Barratt, expressed hope for a prompt reassessment by the Foreign Office to enable their clients and other individuals in similar circumstances to escape Gaza. The family’s case, which turned into a political controversy in February, was misrepresented during PMQs by Badenoch, who criticized the judge’s decision to grant Palestinians entry into the UK via a Ukrainian refugee program. In response, Starmer pledged to address the issue, emphasizing parliamentary authority in crafting immigration policies. However, the released appeal verdict clarified that the family did not seek approval through the Ukrainian refugee scheme and ultimately prevailed based on general human rights considerations permitting families from diverse backgrounds to make exceptional pleas for assistance. Dame Sue Carr, the Lady Chief Justice, reprimanded both leaders for their misrepresentation of the case in Parliament, emphasizing the importance of acknowledging judicial oversight in upholding the law
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