PM pledges to close loophole that let Gazans settle in UK
Watch: Sir Keir Starmer says immigration "legal loophole" needs closing
- Published
The government is working to close a loophole which allowed a Palestinian family the right to live in the UK, after they originally applied through a scheme designed for Ukrainians.
Conservative leader Kemi Badenoch raised the case during Prime Minister's Questions, saying it was "completely wrong".
In response Sir Keir Starmer said he agreed, adding that "it should be Parliament that makes the rules on immigration".
The family of six, whose home in Gaza was destroyed by an air strike, applied to join the father's brother in the UK using the Ukraine Family Scheme.
The application was refused in May last year, after the Home Office concluded the requirements of the scheme were not met.
The family's initial appeal was dismissed by a first-tier immigration tribunal judge in September.
But following a hearing in January, a further appeal was upheld by upper tribunal judges on the grounds of Article 8 of the European Convention on Human Rights, which protects the right to a family life.
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- Published28 November 2024
Badenoch said the decision "cannot be allowed to stand" and asked the prime minister whether the government was planning to appeal.
She added: "We cannot be in a situation where we allow enormous numbers of people to exploit our laws in this way."
In response, Sir Keir said: "It should be Parliament that makes the rules on immigration.
"It should be the government that makes the policy, that is the principle, and the home secretary is already looking at the legal loophole which we need to close in this particular case."
Badenoch repeatedly pressed the PM over whether he would appeal the case and change the law.
Batting away her questions, Sir Keir insisted he had already made clear the home secretary was working on closing the loophole.
He added: "She complains about scripted answers and questions, her script doesn't allow her to listen to the answer.
"She asked me if we're going to change the law and close the loophole in question one, I said yes. She asked me again in question two, and I said yes. She asked me again in question three, it's still yes."
When questioned after the session, the prime minister's official spokesman did not specify what the "loophole" that needed closing was.
Judge's ruling
Badenoch also urged the PM to back her call to make it harder for people to get British citizenship.
Referring to the brother the Palestinian family had applied to join, she said: "This case has arisen because a Palestinian came to the UK from Gaza in 2007, he is now a British citizen.
"This is precisely why we need to break the conveyor belt from arriving in the UK, to acquiring indefinite leave to remain, and then a British passport, and now a right to bring six family members here as well."
Sir Keir accused Badenoch of presiding over record levels of immigration when the Conservatives were in power.
"It was a one nation experiment in open borders, and she was the cheerleader, she was the one campaigning for more people to come," he added.
The family had applied unsuccessfully to come to the UK under the Ukraine Family Scheme, which closed last February.
However, the upper tribunal judge in their appeal case concluded there were "very compelling or exceptional circumstances" meaning they should be allowed the right to live in the UK.
In his judgement, he said the humanitarian situation in Gaza remains "exceptionally dangerous" and "dire".
He added that the youngest children - now aged seven and nine - are "at a high risk of death or serious injury on a daily basis" and that it is "overwhelmingly" in their best interests to be in a safe or safer environment together with their parents and siblings.
The UK currently has schemes for some Afghans, Ukrainians and people from Hong Kong to come to the UK but no route for Palestinians.
Some Labour MPs have argued the government should create more legal routes for asylum seekers to settle in the UK to deter people from crossing the Channel in small boats.
However, this did not form part of the government's Border Security, Asylum and Immigration Bill, which is focused on cracking down on people-smuggling gangs.
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