Home Office visa refusal for Gaza families branded ‘unreasonable’ by UK judges

Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, Monday, April 8, 2024. (AP Photo)
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Updated 08 April 2024
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Home Office visa refusal for Gaza families branded ‘unreasonable’ by UK judges

  • Families told to submit biometric data from middle of war zone as part of applications
  • Guidelines found to contradict European Convention on Human Rights

LONDON: Judges in the UK have ruled that Home Office decisions not to process reunion applications by two families in Gaza without biometric data are “irrational and unreasonable,” and based on guidelines contradicting international humanitarian law.

At an immigration tribunal on April 4, the judges said the Home Office’s stance over the two families contravene their “rights to respect for private and family life.”

One of the families, referred to as RM and others and consisting of two parents and two children, is seeking to be reunited with a third child, a daughter currently studying in the UK.

The second family, known as WM and others, consists of a Palestinian woman with four children seeking to join her brother, who is a UK citizen.

Both families have had to flee their homes in Gaza on account of Israel’s invasion of the enclave, which has left more than 32,000 people dead since Oct. 7, according to local health authorities.

The judgement found that Home Office guidance, which requires “evidence that a person faces a personal risk of harm, ‘which is separate to the level of risk faced by the wider population’,” is in breach of Article 8 of the European Convention on Human Rights.

Judge Jackson said: “We do not consider that in the context of the conflict in Gaza … that it is necessary for a person to show that they are specifically targeted to be able to establish that they are at risk due to their personal circumstances.”

Both families, who say they lack food and medical supplies in Gaza, requested for the Home Office to decide on their applications before submitting biometric data due to the challenges in submitting it in the middle of a war zone.

The nearest reliable center for submitting such data for use in a visa application is in Cairo in neighboring Egypt. 

The Home Office refused the request, saying their situations were not “compelling as to make them exceptional” or “different to other people in Gaza.”

Cecilia Correale, a solicitor at the Islington Law Centre, which brought the cases against the Home Office on behalf of the families, along with the Migrants’ Law Project at Asylum Aid, told The Guardian: “This is an important judgment with wider consequences which recognises that the Home Office has adopted policies in breach of Article 8 ECHR which it is applying to multiple families seeking to be reunited.”

A spokesperson for the Gaza Families Reunited campaign told the newspaper: “The Home Office must now urgently rectify its policy and approach to ensure that family members of Palestinians in the UK who are eligible for reunification under existing routes are actually able to exercise their rights.”

A Home Office spokesperson told The Guardian: “We have received the outcome of the judicial review proceedings and are considering the impact. It would be inappropriate to comment further.”


Sending soldiers to Minneapolis for immigration crackdown would be unconstitutional, mayor says

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Sending soldiers to Minneapolis for immigration crackdown would be unconstitutional, mayor says

  • The rarely-used 19th century law would allow him to send military troops into Minnesota, where protesters have been confronting federal immigration agents for weeks

MINNEAPOLIS: The mayor of Minneapolis said Sunday that sending active duty soldiers into Minnesota to help with an immigration crackdown is a ridiculous and unconstitutional idea as he urged protesters to remain peaceful so the president won’t see a need to send in the US military.
Daily protests have been ongoing throughout January since the Department of Homeland Security ramped up immigration enforcement in the Twin Cities of Minneapolis and St. Paul by bringing in more than 2,000 federal officers.
In a diverse neighborhood where Immigration and Customs Enforcement officers have been frequently seen, US postal workers marched through on Sunday, chanting: “Protect our routes. Get ICE out.”
The Pentagon has ordered about 1,500 active-duty soldiers based in Alaska who specialize in operating in arctic conditions to be ready in case of a possible deployment to Minnesota, two defense officials said Sunday.
The officials, who spoke on condition of anonymity to discuss sensitive military plans, said two infantry battalions of the Army’s 11th Airborne Division have been given prepare-to-deploy orders.
One defense official said the troops are standing by to deploy to Minnesota should President Donald Trump invoke the Insurrection Act.
The rarely-used 19th century law would allow him to send military troops into Minnesota, where protesters have been confronting federal immigration agents for weeks. He has since backed off the threat, at least for now.
“It’s ridiculous, but we will not be intimidated by the actions of this federal government,” Minneapolis Mayor Jacob Frey told CNN’s State of the Union on Sunday. “It is not fair, it’s not just, and it’s completely unconstitutional.”
Thousands of Minneapolis citizens are exercising their First Amendment rights and the protests have been peaceful, Frey said.
“We are not going to take the bait. We will not counter Donald Trump’s chaos with our own brand of chaos here,” Frey said.
Gov. Tim Walz has mobilized the Minnesota National Guard, although no units have been deployed to the streets.
Peter Noble joined dozens of other US Post Office workers Sunday on their only day off from their mail routes to march against the immigration crackdown. They passed by the place where an immigration officer shot and killed Renee Good, a US citizen and mother of three, during a Jan. 7 confrontation.
“I’ve seen them driving recklessly around the streets while I am on my route, putting lives in danger,” Noble said.
Letter carrier Susan Becker said she came out to march on the coldest day since the crackdown started because it’s important to keep telling the federal government she thinks what it is doing is wrong. She said people on her route have reported ICE breaking into apartment buildings and tackling people in the parking lot of shopping centers.
“These people are by and large citizens and immigrants. But they’re citizens, and they deserve to be here; they’ve earned their place and they are good people,” Becker said.
A Republican US House member called for Walz to tone down his comments about fighting the federal government and instead start to help law enforcement.
Many of the officers in Minnesota are neighbors just doing the jobs they were sent to do, House Majority Whip Tom Emmer told WCCO-AM in Minneapolis.
“These are not mean spirited people. But right now, they feel like they’re under attack. They don’t know where the next attack is going to come from and who it is. So people need to keep in mind this starts at the top,” Emmer said.
Across social media, videos have been posted of federal officers spraying protesters with pepper spray, knocking down doors and forcibly taking people into custody. On Friday, a federal judge ruled that immigration officers can’t detain or tear gas peaceful protesters who aren’t obstructing authorities, including when they’re observing the officers during the Minnesota crackdown.