UK goes to court to block Palestinian mother travelling from Gaza for medical treatment

British immigration officials have taken a case to court in an attempt to prevent a Palestinian mother from traveling from Gaza to the United Kingdom for private medical treatment. The 67-year-old woman, identified only as FA for legal reasons, is suffering from a severe spinal condition and currently resides in a bomb-damaged building with limited basic amenities.

Her daughter, who has been living in the UK since 2006, plans to fund the necessary medical procedures. However, her application for entry clearance was rejected in May 2024 by an entry clearance officer who expressed doubts about FA's intention to return to Gaza following the proposed visit. FA then appealed the decision under Article 8 of the European Convention on Human Rights, which safeguards an individual's right to a family life.

Initially, the court deemed her a genuine visitor who satisfied the immigration rules, and her entry would be incompatible with Article 8 if denied. The immigration officials subsequently appealed the ruling to the Court of Appeal in London, arguing that no "additional elements of dependency" beyond normal family ties justified a right to a family life.

The daughter, who began working in a grocery store at age 11 to support her family, eventually earned a master's degree in Britain and has maintained daily communication with her mother, even after Hamas took over Gaza in 2007. Despite sending substantial financial assistance to her mother, the Court of Appeal ruled that the daughter's level of support did not constitute additional dependency sufficient to establish a right to family life under Article 8.

Consequently, the appeal was allowed, and FA's refusal of entry clearance was upheld, as it did not interfere with her right to respect for family life.