On 28 July 2025, the UK High Court ruled in the case of R (BEL & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 1970 (Admin).

The Court allowed the claim and declared that the UK Foreign Secretary’s refusal to offer consular assistance to a Palestinian family from Gaza – BEL, his wife, and four dependants, was unlawful.  The decision illustrates how difficult it can be for people to seek and secure safety in the UK, even in the extreme circumstances that we see taking place in Gaza. 

The case arose after the family applied, in an application outside the Rules, to join BEL’s brother in the UK, who is a British citizen.  The family were living in extremely challenging circumstances, with little food and shelter and the constant risk of injury and death. 

The Home Office refused the application but the family appealed and the appeal was eventually allowed by the Upper Tribunal.  Following this, in early 2025, the Home Office agreed to grant entry clearance to the family, subject to them undertaking biometric checks.  

These biometric checks take place at Visa Application Centres (VAC) across the world. As there is no VAC in Gaza, the family needed to travel to the VAC in Jordan to get the checks done.   

Travel to Jordan is not possible for Gazans because there is no travel out of Gaza.  All borders are shut and under the control of Israel.  Israel will only giver permission to leave at the request of another State. 

The family therefore approached the Foreign, Commonwealth and Development Office (FCDO) to ask them to ask Israel for permission  to leave. But the FCDO refused to help.  They refused to even ask Israel.  They argued that the circumstances of the family were  not so ‘exceptional’ to require their intervention, given the general situation for all in Gaza and that consular assistance in these circumstances would use up ‘diplomatic capital’, which should be saved for more urgent situations.    

The Court found these reasons to be irrational and procedurally unfair, especially because there were only 38 other Gazans that had applied in similar circumstances and most British civilians in Gaza had already been evacuated. 

This case is important because it has reinforced that consular assistance decisions must be rational, fair and responsive to the reality on the ground.  For Palestinians who have been granted refugee status or visas by the UK, or whose close relatives live in the UK, this means that the Government can no longer just refuse to help by deeming all such cases ‘non-exceptional’.

BEL’s family had endured months of displacement, malnutrition, injury and fear, despite having won their appeal to come to the UK.  One of the children and BEL himself were recently wounded by a tank shell while waiting at an aid distribution point.  The ruling underscores that legal status alone is insufficient if borders remain closed and no exit assistance is provided.  

This decision does not mean that every Gazan with family in the UK will be able to join them.  It requires only that decisions must be lawful and rational. The Court has ordered a fresh lawful decision in BEL’s case—not yet an evacuation.

Even if consular assistance is granted, coordination will be needed with Israeli authorities who maintain the final say. 

Gaza remains under relentless assault—tens of thousands killed, including many children; healthcare systems have collapsed; medicine and food shortages are widespread; there is widespread displacement and ongoing disappearances of Gazans during military raids.  

We stand in solidarity with all Palestinians.