A judge has told the UK government to reconsider its decision not to support a Palestinian family’s attempts to leave Gaza after they were told they could join a family member in Britain.
The family of six, which includes two children under 10, were granted entry clearance to the UK in January, subject to them attending a visa application centre and providing biometric information.
They need consular support to leave Gaza, which the Foreign Office refused to provide on several occasions, most recently on June 6.
Their case came under the spotlight in February when it emerged the family had successfully applied to come to the UK through a scheme designed for Ukrainian refugees.
Prime Minister Keir Starmer said at the time he wanted to close a “loophole” that had allowed the Palestinian family the right to remain in the UK.
The family’s lawyers told the High Court in London this month that the decision not to provide support was unlawful and that the Foreign Office should be ordered to take “all reasonable steps” to help them leave Gaza.
The department defended the claim, with its lawyers telling the court that the decision was “rational”.
In a ruling on Monday, Mr Justice Chamberlain said the decision would be sent back to the Foreign Office for reconsideration.
“The challenged decision of June 6, 2025 is flawed and cannot stand. It will have to be reconsidered,” he said. “This does not mean that the Foreign Secretary is obliged to decide in the claimants’ favour, just that he must think again.”
In his ruling, the judge said the family’s apartment block was destroyed in October 2023 after they were given a 10-minute warning from the Israeli military and they now live in a tent.
He said they have “very little food and no effective sanitation”, and remain “at constant risk of injury or death”.
Three of the family members have been fired upon by Israeli forces close to an aid distribution site and one was hit by shrapnel from a tank shell but was unable to access proper medical treatment, said the judge.
They applied to join a relative who lives in the UK in January last year but the Home Office refused their bid in May 2024. After appealing the decision, they were granted permission to enter the UK in January this year.
But when it emerged the family had applied through a Ukrainian refugee scheme, the Prime Minister told the House of Commons the decision was wrong. Conservative Party leader Kemi Badenoch said decision to allow them to come to the UK “cannot be allowed to stand”.
Mr Justice Chamberlain said the Home Office is due to appeal the decision to allow the family to enter the UK in January 2026.
At the hearing this month, Tim Owen KC, for the family, told the court the decision to refuse consular assistance was “reached by a process which was procedurally unfair” and “constitutes a disproportionate interference” with their rights.
Julian Milford KC, for the Foreign Office, said the decision was “rational and lawful” and that consular support was “only offered in exceptional circumstances”.
Mr Justice Chamberlain ruled the decision did not interfere with the family’s human rights and that entry clearance being granted “did not in and of itself give rise to any obligation to provide consular assistance”.
But he said the consequences of the decision were “certainly grave” and that it was “irrational”.
