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A PALESTINIAN man fighting deportation to Gaza had his latest legal challenge upheld by the Court of Appeal today.
The 34-year-old, known as MI, said the upper tribunal that rejected his previous appeal had not properly considered the effect of deportation on his heavily pregnant wife, who suffers from depression, anxiety and post-traumatic stress disorder.
The tribunal heard medical evidence that MI’s wife’s condition had worsened due to the stress of the appeal and the threat of deportation.
MI also spoke of the difficulties his family faced in “re-establishing themselves following a two-year absence from Gaza” following Israeli military operations in July and August 2014. He said his own home had been destroyed, which had forced his family “to move to a small house without electricity or clean water.”
Manjit Gill QC, for MI, told the court that, if deported, MI and his wife “would either be returning to Gaza with a very young baby or perhaps [his wife would be] giving birth on return to a child who would have to suffer the deprived conditions in Gaza.”
The court also heard MI’s family members living in Gaza have had “difficulties with Hamas,” in part because of his father and sister’s role working in Fatah’s intelligence services.
Lord Justice Flaux ruled that the tribunal “failed to have proper regard to … the evidence as to the seriously worsened position after the Israeli military operation in 2014” and remitted the case back to the tribunal.
Permission to appeal against the decision to the Supreme Court was refused.
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