UK Court Rules Home Office Unlawfully Denied Gaza Family Visas

In September 2026, a UK court ruled that the Home Office unlawfully and irrationally refused visa applications from two Palestinian families in Gaza, preventing them from reuniting with relatives in the UK[8][11][12]. The Upper Tribunal quashed the Home Office's decisions, finding they infringed on Article 8 of the European Convention on Human Rights (ECHR) and disregarded the best interests of the children involved[11][17]. The Home Office is appealing this decision[13][20].

The ruling challenges the UK government's policy of requiring biometrics from individuals in a conflict zone where such facilities are unavailable. This policy affects an estimated 250 to 300 people seeking to join immediate family in the UK[10][27][28].

What the Records Show

Upper Tribunal Judge Lindsley delivered the judgment on September 30, 2026, in the cases of the HA family and the LS family[11]. The judge found that the Home Office's refusals based on the inability to provide biometrics were irrational[11][17]. The tribunal determined these decisions were incompatible with Article 8 ECHR, which protects the right to private and family life[11][17]. The court recognized the compelling circumstances of the family members in Gaza, the impact on UK-based fathers, and the critical importance of the children's best interests[11][17].

The Policy and the Conflict

The UK Visa Application Centre in Gaza has been closed since October 7, 2023, due to regional conflict[6]. The Rafah crossing, a primary exit point from Gaza, has been closed since May 2024, after Israeli forces took control of the Palestinian side[1][2][4][5]. This closure stopped the movement of people through the crossing[1]. Despite these conditions, the Home Office has required biometrics to be obtained before families travel[9]. Previously, in April 2024, the government stated it had "no plans to introduce bespoke arrangements for people arriving from the region"[7]. In September 2025, the UK government temporarily suspended the broader Family Reunion route, preventing new applications until new rules were introduced in spring 2026[24][25]. Home Secretary Shabbana Mammud announced on September 28, 2026, that the UK Resettlement Scheme would reopen for new referrals[14][15]. Critics note this scheme excludes specific pathways for Palestinians fleeing Gaza[18][19].

What the Subject Has Said

The Home Office has indicated its intention to appeal the Upper Tribunal's judgment[13][20]. This appeal means the department continues to refuse to waive the biometric requirement for the families, despite the lack of registration facilities in Gaza[13].

What We Could Not Confirm

It remains unconfirmed how many other families beyond the two involved in this ruling are directly affected by the Home Office's decision to appeal. The precise timeline for the Home Office's appeal process is also unclear. There is no confirmed information on whether the Home Office plans to revise its biometric policy for applicants from conflict zones if its appeal is unsuccessful.