Palestinian family of 18 from Gaza wins human rights challenge to come to Britain

A Palestinian family from Gaza has won a human rights challenge to claim refuge in Britain.

The mother-of-three, who was born in Gaza, was originally refused permission to bring her extended family into this country.

Both parents, a brother, his wife and four children; a sister and four children; and another sister, her husband and three children won a legal challenge on human rights grounds.

Home Secretary Shabana Mahmood had attempted to have the decision squashed but this was rejected.

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The family's original application took place in November 2023, about a month after the attacks on Israel by Hamas on October 7, which killed nearly 1,200 people, according to Israeli tallies.

A human rights appeal was made and won in the lower courts in April last year. However, Ms Mahmood put in an appeal in the upper immigration tribunal.

However, Upper Tribunal Judge Gemma Loughran threw out the Home Secretary's case, agreeing that denying the family permission to come to the UK breached Labour's Human Rights Act.

The family won their case under the "right to family life" under the European Convention on Human Rights (ECHR).

The judge said the British-based daughter and her three children had suffered "mental health problems" caused by their relatives' "situation in Gaza."

Referring to the lower court's decision, Judge Loughran said: "The judge concluded that the applicants' refusal of entry clearance would give rise to consequences of such gravity for the sponsor and her children as to be unjustifiably harsh such that the public interest was outweighed.

"Accordingly, the judge found that the decisions made in respect of the applicants were disproportionate and unlawful under section 6 of the Human Rights Act 1998 and allowed their appeals."

She added: "I do not find the [Home Secretary's] grounds to be made out and I conclude that the judge's decision should stand. I accordingly uphold the judge's decision."

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Reacting to the case, Shadow Home Secretary Chris Philp told The Daily Mail: 'This risks opening the floodgates to thousands of Palestinians claiming asylum here, which Keir Starmer has already said he opposes, due to Labour's pitiful adherence to flawed human rights laws.

"Why should immigrants be allowed to ship in their entire extended family to the UK?

"The Home Secretary must urgently appeal this shameful decision to a higher court. We cannot have open borders with huge numbers of migrants exploiting human rights laws to come here or stay here.

"This is yet more evidence why the immigration tribunal must be abolished and why we must leave the ECHR."

The Home Office declined to comment.

Earlier this month, Labour pledged £2million of support for United Nations Relief and Workers Agency (Unrwa) to deliver support for Palestine refugees at a conference in New York.

Foreign Secretary Yvette Cooper said: "The humanitarian situation in Gaza is desperate. Families urgently need food, shelter, clean water and medical support, I saw first-hand during my visit to Jordan how Unrwa is central to delivering help at the scale required.

"That is why the UK is announcing £23million of support for Unrwa, alongside international partners, to help sustain its vital work for Palestine refugees across the region and civilians in Gaza.

"Unrwa must be able to operate safely and effectively. We condemn the Israeli government in preventing aid agencies like UNRWA to undertake lifesaving work. This means all crossings must be opened, and supplies must be allowed in."

UN Secretary-General Antonio Guterres urged countries to cover a $100million gap in funding for the Palestinian refugee agency Unwra, saying the body was nearing a breaking point after deep cost-cutting and austerity measures.

Mr Guterres told an ad hoc meeting of the General Assembly on voluntary contributions that Unrwa's situation was increasingly precarious given sweeping restrictions throughout occupied Palestinian territory that impeded its work, and the large cash shortfall.

The United Nations agency operates in Gaza, the West Bank, Lebanon, Jordan and Syria, providing aid, schooling, healthcare, social services and shelter to 2.6 million Palestinians.

The US was Unrwa's biggest donor, but cut funding in January 2024 after Israel accused about a dozen UNRWA staff of taking part in the deadly October 7 attack.

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