Conclusions
Conclusion and relief
For the reasons I have given, the challenged decision of 6 June 2025 is flawed and cannot stand. It will have to be reconsidered. This does not mean that the Foreign Secretary is obliged to decide in the claimants’ favour, just that he must think again.
Because the family’s position and that of the Israeli Government may have changed since the decision was taken, it would be appropriate for the claimants to be entitled to a short period in which to file further representations. It may also be appropriate to set a timetable for the decision to be reconsidered.
Subject to what I have said, I shall invite submissions as to the appropriate form of relief.
- Heading
- Introduction
- Facts
- Application for entry clearance and appeal proceedings
- The process for leaving Gaza and the Foreign Secretary’s consular assistance policy
- What BSJ and the claimants have done for themselves
- The requests for consular assistance
- The present proceedings and the fresh decisions
- Information provided at the hearing
- The joint statement on the Occupied Palestinian Territories
- Justiciability
- The grounds of challenge
- Ground 2
- Submissions for the Foreign Secretary
- Discussion
- Ground 1
- Submissions for the defendant
- Discussion
- Section 31 (2A), (3C) and (3D) of the Senior Courts Act 1981
- Conclusions
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