Palestinian granted entry to the UK from Gaza for medical treatment after tribunal win

A sick Palestinian woman has been granted entry to the UK for private medical treatment after an immigration tribunal overturned a Home Office decision to refuse her a visa.

The 69-year-old, who suffers from spinal and mental health problems, argued that she had the right to visit her daughter, a UK-based charity worker, under Article 8 of the ECHR, which guarantees the right to respect for private and family life.

An upper immigration tribunal overturned the initial decision to refuse her entry, allowing her to visit her daughter in the UK and receive £55,000 worth of private care.

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The Home Office had warned that granting entry in such cases could “undermine” immigration controls and lead to a “proliferation” of similar claims from other war zones such as Gaza.

But Upper Tribunal Judge Rebecca Owens ruled in favour of the woman, saying: “We find that the refusal of entry clearance amounts to an interference with this family life because the sponsor is physically unable to visit her mother in Gaza to develop their family life in that country and it is not suggested that during the current time they could spend time together elsewhere.”

She added: “We find that the appellant’s intention of coming to the UK is genuinely to access medical treatment as a visitor and have some respite. We find that she does not want to settle permanently in the UK and that the application for private medical treatment is a genuine application, which has not been made to circumvent immigration control.”

Lawyers for the Home Office had argued: “The Secretary of State is concerned about the potential proliferation of applications for entry clearance from individuals from Gaza and other conflict zones if [they] are granted entry clearance because they have a family member in the UK who has been providing them with financial or emotional support.”

The department also claimed such visits were not covered by Article 8 and that these rights generally applied only to spouses or dependent children.

A Home Office spokesman said the Government’s upcoming legal reforms would add clarity to cases such as this one.

They added:“The Government’s new legal framework would give applicants, caseworkers and the courts the clarity they need, so that our immigration rules are applied in a way which strikes the right balance between individual family rights and the wider public interest.”