Shabana Mahmood has overturned a human rights ruling that had originally allowed Gazans with "dubious" family connections to enter Britain.
The ruling had initially come into place in order to help Ukrainian refugees enter the UK.
The family, who had won their case to enter the country before the Home Secretary's appeal, argued that their circumstances were exceptional and they should be allowed to enter Britain to live with the father’s brother.
The decision to permit the family entry from the Home Office came despite clear warnings that it could lead to the "admission of all those in conflict zones with family in the UK".
The family had used the Ukraine Family Scheme route because guidance from the Home Office told claimants to apply "for the route which most closely matches [your] circumstances".
They claimed to have been trapped in Gaza in "extremely dangerous" conditions, while law and order had completely broken down and their tents had been damaged by gunfire. The family are said to have an "anti-Hamas profile".
The tribunal originally ruled that the "extreme and life-threatening" situation the family were in outweighed the "public interest" on rules of entry into the country.
But, a court has now supported Ms Mahmood's appeal to deny the Palestinian family refuge.
Shabana Mahmood has overturned a human rights ruling that had originally allowed Gazans with "dubious" family connections to enter Britain
|REUTERS
On appeal, it was ruled that the family link was not strong enough to justify their entry to the UK, under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to a family life.
Article 8 is typically limited to "nuclear" family, the court said, and there was not "family life" between the two brothers, unless they could show "more than the normal emotional ties".
The court also said that immigration tribunals must take account of the Home Secretary’s rights, under Article 8, to act in the interests of "the economic well-being of the country... or for the protection of the rights and freedoms of others".
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The Court of Appeals ruled the decision could lead to the 'admission of all those in conflict zones with family in the UK'
|GETTY
"Applying the proper test, neither the brother nor his family had demonstrated that they had sufficient family life with the sponsor to engage Article 8," they said.
The ruling, which had Master of the Rolls, Sir Geoffrey Vos, as one of the judges, could have a significant impact because it will now become a case cited by government lawyers and tribunals in future cases.
It comes as Ms Mahmood continues her crackdown on illegal migration. Just last week, she confirmed a major overhaul of the country's asylum policy.
New measures include those granted asylum needing to wait 20 years before they can apply to settle in Britain permanently, while refugees will be returned to their home country as soon as it is deemed "safe".
She also announced the UK will stop granting visas to people from Angola, Namibia and the Democratic Republic of Congo if their governments do not rapidly improve co-operation on removals.
But, despite this, figures from the Office for Budget Responsibility yesterday revealed spending on migrant accommodation is set to reach in excess of £15billion over 10 years — more than treble the £4.5billion had been forecasted.
Additionally, net migration is forecasted to rise over the next five years, despite Labour pledging to bring the number down.
This year has already seen over 39,300 migrants cross the Channel. That's compared to 38,816 in the whole of 2024.
This figure lines with the trajectory of 2022, comfortably Britain's record year for illegal migration.
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