IA & Others (respondents) v The Secretary of State for the Home Department (appellant)

Tuesday 4 – Wednesday 5 November 2025

Before The Master of the Rolls
Lord Justice Dingemans, Senior President of Tribunals
Lady Justice Elisabeth Laing

Appeal against the determination of the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) promulgated on 13th January 2025 setting aside the determination of the First Tier Tribunal (FTT) which had refused entry clearance to IA and others (the respondents).

The respondents are a Palestinian family living in Gaza who sought entry outside the Rules. They are a husband, wife and 4 children of whom 3 were minors at the time of the application. The application was erroneously made on the form for the Ukraine Family Scheme although it is accepted that they did not fall within that scheme. The application was made to join the sponsor who was R1’s brother who had lived in the UK since 2007. It was made because their home was destroyed by an airstrike following the attacks on Israel in October 2023.

The Entry Clearance Officer held that the Ukraine Family Scheme did not apply and there were no compelling compassionate circumstances justifying a grant of leave outside the Immigration Rules. It was further noted that there was no resettlement scheme for Palestinians wishing to come to the UK. The Entry Clearance Officer concluded that refusing the application would not be disproportionate; and that there had been no human rights claim and there was no right of appeal.

The FTT dismissed the appeal of the (now) respondents finding that the family life they shared with the sponsor fell short of dependency and refusal of entry was proportionate. The Upper Tribunal allowed the appeal, finding that the FTT was correct to hold that family life had existed from 7th October 2023 when the sponsor had provided support but that interference in same was disproportionate for the purposes of Article 8 ECHR.