In a judgment handed down on 30 September 2026, Upper Tribunal Judge Lindsley allowed challenges to biometric excuse refusals for two separated families from Gaza.
The linked cases concerned applications by mothers and young children living in Gaza in grossly unhygienic conditions, without access to sufficient food and clean water and at risk of being killed, who had applied to join their husbands and fathers, both beneficiaries of humanitarian protection, in the UK.
Ordinarily, families wishing to join family members in the UK have to undergo biometric checks at a visa application centre (‘VAC’), before being granted entry clearance. However, the VAC in Gaza has been closed since October 2023 and exit from Gaza is tightly restricted, meaning assistance from the Foreign, Commonwealth & Development Office (FCDO) is required for these families to be allowed to leave.
Both families asked the Home Office to grant the family members in Gaza biometric excusal (decision on a visa without the requirement to provide biometrics prior to a grant), which would enable them to access entry clearance and meet the criteria of the FCDO for consular assistance which would then enable them to leave Gaza and reunite with their loved ones. Without that exercise of discretion, they argued, they were blocked from exercising their right to family reunification, and trapped in Gaza enduring harmful separation from their husband and father.
The Judge found that the biometric excuse refusals were irrational and that the decisions must be compatible with Article 8 of the European Convention of Human Rights (ECHR). The Judge found a breach of Article 8 ECHR in respect of each of the families, finding that their cases were highly compelling due to the circumstances of the family members in Gaza and the impact on the UK-based fathers, and the children’s best interests.
The Judge’s findings are reflected in the final orders which include declarations that the biometric excuse refusals breached Article 8 ECHR, make provision for the family members travelling from Gaza to have their passports checked at the VAC in Amman and to provide biometrics on the way to the UK if directed by the Home Secretary, and require swift new decisions on biometric excuse in line with the declarations and terms of the judgment and, if granted, swift decisions on visas.
Emma Fitzsimons of Garden Court’s Public & Immigration Law Teams appeared for the LS family. Michelle Knorr (for both families) and Agata Patyna (for the HA family) of Doughty Street Chambers appeared alongside Emma. Counsel instructed by Decla Palmer from Greater Manchester Immigration Aid Unit (GMIAU).
See press coverage: The Guardian
The judgment and orders in the cases of the HA family (JR-2026-LON-002050) and the LS family (JR-2026-LON-002408) are available here.
This content has been reproduced from a Doughty Street Chambers release – find it here.
