Important Court of Appeal decision on Article 3 and Gaza

The Court of Appeal has found that it is “sufficiently arguable” that conditions in Gaza are attributable to “the direct and indirect actions of the parties to the conflict” for a fresh decision to be made in the case of a Palestinian family contesting removal. This important judgment means that the threshold of “exceptionality” that applies under Article 3 of the European Convention on Human Rights, when relying on country conditions, does not necessarily apply where Gaza is concerned. In MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782, the Court of Appeal set aside a decision of the Upper Tribunal, which had concluded that…

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