Jeremy Frost of Goldsmith Chambers was instructed by Syed Akhtar of Duncan Lewis Solicitors.
NH is a Palestinian national, facing various severe risks if returned to Gaza or the Occupied Palestinian Territories: First, she expressed strong political opinions on social media against the Hamas government. Second, she had been threatened by her ex-husband and her brother for a toxic mixture of political and family-based reasons. Third, she suffers from serious neurological conditions and ovarian failure. NH therefore argued that she would be returning to Palestine as a lone female, disowned by her family, under threat of physical attack by Hamas and/or her family, and that – in any event – there are insufficient medical resources to treat her serious health conditions.
NH entered the UK on an academic visit visa in 2016. She claimed asylum the following year, in the wake of an abusive marriage, and facing a growing danger from her family and their political associates.
Her asylum claim was refused and her initial appeal against the refusal was dismissed by the First-tier tribunal, largely because of adverse credibility findings. She became appeal rights exhausted, and consequently fell into severe depression.
Duncan Lewis Solicitors were then instructed to prepare further submissions, comprising new evidence previously unavailable. However, these submissions were rejected outright by the Home Office with no right of appeal. Following a threat of judicial review, the Home Office consented to reconsider the further submissions. They again rejected them, but this time with a right of appeal.
The Home Office latest refusal found that it was “reasonably likely that she retains family support, and that she would not be returning as a lone woman”. However, NH had provided social media evidence of her political activity, having managed to reactivate her Facebook account. Also, a medical-legal report by Dr Hasan Hafidh from SOAS confirmed NH’s PTSD and expressed concern at the stigmatisation of mental health conditions in the OPT, and the hardship she would face as a lone divorced female.
The appeal was allowed asylum and protection grounds, including NH’s claim under Article 3 of the European Convention on Human Rights. This latter point is especially important, as it demonstrates that the tribunal is prepared to accept the devastating impact on medical supplies caused by Israel’s continuing blockade of Gaza.
Duncan Lewis Solicitors commented on the outcome of this long-fought case: “Truly superb work from Jeremy Frost. It is always a pleasure to work with someone who has such clarity of thought and whose arguments the immigration judge described as ‘very lucid’”.
Related barristers: Jeremy Frost
Related practice areas: Immigration and Public Law
