Gazan Family of 18 Can Come to Britain Under ECHR

A family of 18 from Gaza has won the right to come to Britain under human rights legislation.

A Gazan mother of three, who had arrived in the UK as a refugee, was refused permission to bring her extended family by the Home Office.

However, an immigration tribunal has overturned that decision and ruled that the woman can bring her relatives to Britain, claiming that refusing to do so would breach her rights to a family life under the European Convention on Human Rights (ECHR).

The woman’s extended family includes her parents, a brother, his wife and four children, a sister and her four children, and another sister, her husband and three children.

The case is the latest to expose how migrants are using the ECHR to fight their removal or secure the right to reunite their families in the UK.

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The family won a human rights appeal in the lower immigration court last April, which led to an appeal by Shabana Mahmood, the Home Secretary, in the upper immigration tribunal.

Gemma Loughran, an upper tribunal judge, rejected Ms Mahmood’s case, agreeing that denying the family permission to come to Britain breached the Human Rights Act.

The Palestinians argued they had a “right to family life” under the ECHR and won their case under section six of the act, which sets out that it is “unlawful for a public authority to act in a way which is incompatible with a convention right”.

The ruling showed that most of the adult applicants could not speak English and that the UK-based sister would only be able to accommodate her parents. The lower tribunal judge “concluded that the applicants would require access to public funds”.

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