The family’s applications to join him in the UK have already been positively determined by the Home Office. However, the process has stalled because the family must provide biometric information at a Visa Application Centre (VAC), and no such centre exists in Gaza.
Phoenix Law has asked the FCDO to provide consular assistance to enable the family to travel to Jordan to complete biometrics. However, the Jordanian authorities now require the UK Government to provide guarantees of onward travel out of Jordan before permitting the family to enter for that purpose. To date, no such guarantee has been provided by the Home Office, and no effective steps have been taken by the FCDO to secure it.
Despite repeated correspondence to the UK authorities seeking urgent assistance, no practical solution has been put in place. Phoenix Law has therefore issued pre-action correspondence calling on the Home Office and the FCDO to either provide the necessary consular support and onward travel guarantee, or alternatively to defer biometrics until the family reaches the UK, as was done under the Ukraine Family Scheme.
Phoenix Law has also requested that the UK authorities liaise with the Department of Foreign Affairs in Ireland, given that the sponsor is resident in Northern Ireland, and has written to the Irish authorities seeking their support in facilitating the family’s evacuation.
The legal challenge is advanced on grounds including irrationality and discrimination. Phoenix Law contends that the refusal to defer biometrics in this case, when that flexibility was afforded under the Ukraine Family Scheme, is unlawful and discriminatory.