Britain urged to reconsider denying assistance for a family from Gaza to settle in the UK
In a landmark ruling, a judge in the UK has deemed the government's decision not to provide consular support to a Palestinian family leaving Gaza as irrational. The family, consisting of six members, including two young children, had been granted entry clearance to the UK under a scheme for Ukrainian refugees but required consular assistance to exit Gaza, which the Foreign Office repeatedly refused.
The family's apartment block was destroyed in October 2023, forcing them to live in a tent. Three members of the family have been fired upon by Israeli forces and one was hit by shrapnel from a tank shell but was unable to access proper medical treatment.
The family had applied to join a relative who lives in the UK in January last year but their bid was initially refused by the Home Office in May 2024. After appealing the decision, they were granted permission to enter the UK in January this year. However, the Foreign Office refused to provide consular support to help them leave Gaza on several occasions, most recently on June 6, 2025.
Mr Justice Chamberlain ruled that while the Foreign Secretary was not obliged to grant consular assistance simply because entry clearance was granted, the refusal was nonetheless irrational due to the severe consequences it imposed on the family. He ordered the Foreign Office to reconsider their decision, emphasizing that its original refusal did not properly account for the family's situation and the seriousness of their need to leave Gaza.
The judge's ruling stated that the consequences of the decision not to provide consular support were "certainly grave". He found that the Foreign Office’s refusal was "irrational," reflecting a failure to adequately weigh the consequences despite a lawful discretionary power to refuse support.
The Foreign Office defended its claim, stating that the decision was "rational". However, Prime Minister Keir Starmer expressed a desire to close a "loophole" that allowed the Palestinian family to remain in the UK. Conservative Party leader Kemi Badenoch stated that the decision to allow the family to come to the UK "cannot be allowed to stand".
The Home Office is due to appeal the decision to allow the family to enter the UK in January 2026. The judge ordered the Foreign Office to take "all reasonable steps" to help the family leave Gaza. The family's case came under the spotlight in February when it was revealed they had successfully applied to come to the UK through a scheme designed for Ukrainian refugees. Their lawyers argued in the High Court in London that the decision not to provide support was unlawful.
The ruling has sparked a debate about the UK's policy towards refugees and its responsibility towards families in dire circumstances. The family, now living in a tent following the destruction of their apartment block, awaits a fresh decision from the government.
The ruling by Mr Justice Chamberlain, which criticized the Foreign Office for failing to provide consular support to a Palestinian family living in dire circumstances due to their irrational decision, has sparked a debate about the UK's policy towards refugees and its responsibility. The family, who were granted entry clearance to the UK under a scheme for Ukrainian refugees, awaits a fresh decision from the government following the court order for the Foreign Office to take "all reasonable steps" to help them leave Gaza. Their case, involving three members being fired upon by Israeli forces and one being hit by shrapnel, has been highlighted in general-news and political discussions.
