Duran Seddon KC was the lead advocate for the Appellant in her successful case against the decision of the Secretary of State.
The outcome of the case has been widely reported in the national media, as well as overseas. A selection of the press coverage can be found below:
Middle East Monitor: UK court blocks gov’t effort to cancel Palestinian student’s visa – Middle East Monitor
Middle East Eye: Palestinian student Dana Abuqamar wins appeal against decision to revoke her UK visa | Middle East Eye
BBC News (reporting the original decision): Manchester student says 15 relatives have died in Gaza – BBC News
Al Jazeera (reporting the original decision): UK revokes visa of law student who addressed pro-Palestine protest | Israel-Palestine conflict News | Al Jazeera
On 15 October 2024, following a two-day hearing, the President of the First-tier Tribunal (Immigration and Asylum Chamber), sitting together with the Resident Judge for the North-West, gave judgment in the human rights appeal of Dana Abuqamar v Secretary of State for the Home Department, HU/6419/2023.
The appeal concerned the Secretary of State’s decision to cancel the Appellant’s leave to enter the UK on the basis that her presence in the UK was “not conducive to the public good” following statements made by her on 7 and 8 October 2023, including in an interview with Sky News, in response to the events in Palestine and southern Israel.
At the time of the statements, the Appellant was the President of the Manchester Friends of Palestine and a law student studying at Manchester University.
The Appellant appealed on the basis that the decision represented an unlawful interference with her right to freedom of expression, and her legitimate expression of support for right of the Palestinian people to resist occupation by Israel, in accordance with international law, specifically by breaking through the security fence which surrounds Gaza.
The Tribunal held that the Secretary of State had “failed to discharge the burden upon her to demonstrate that the Appellant’s presence in the UK is not conducive to the public good” and that the removal of the Appellant from the UK would amount to a “disproportionate interference with her protected right to free speech pursuant to Article 10 of the [European Convention on Human Rights] and is therefore unlawful under s6 of the Human Rights Act 1998”.
In concluding that the cancellation decision was incompatible with the Appellant’s Article 10 rights, the Tribunal observed that the Appellant’s characterisation of Israel as an “apartheid” state was “consistent with views expressed publicly by human rights organisations” and that an informed observer would recognise “actively resisting” and “broke free” (expressions used by the Appellant on which the Secretary of State placed reliance) as “phrases generally related by many to lawful acts, as distinct from unlawful acts of Palestinian resistance”.
The outcome of the appeal has been widely reported in the national media as well as overseas.
A selection of the press coverage can be found below:
- Guardian: Palestinian student stripped of UK visa after Gaza remarks wins human rights appeal | Immigration and asylum | The Guardian
- Middle East Monitor: UK court blocks gov’t effort to cancel Palestinian student’s visa – Middle East Monitor
- Middle East Eye: Palestinian student Dana Abuqamar wins appeal against decision to revoke her UK visa | Middle East Eye
The Secretary of State’s original decision to cancel the visa (in 2023) also attracted significant media coverage including on the BBC and Al Jazeera. For these earlier reports see below:
- BBC News: Manchester student says 15 relatives have died in Gaza – BBC News
- Al Jazeera: UK revokes visa of law student who addressed pro-Palestine protest | Israel-Palestine conflict News | Al Jazeera
Duran Seddon KC of Garden Court Chambers was the lead advocate for the Appellant in the appeal, instructed by Tessa Gregory of Leigh Day.
The Secretary of State was represented by Zane Malik KC and Will Hays.
