The Refugee Convention and the Inaccessibility of Protection for Palestinians in Gaza

Among those who face some of the greatest barriers to protection are Palestinian nationals in Gaza—many of whom are trapped in a legal and logistical limbo that renders the Refugee Convention largely inaccessible.

Contrary to popular belief, it is not possible to claim asylum from overseas. Also contrary to popular belief, there is no visa to allow individuals to come to the UK to claim asylum. In other words, one must manage to reach the UK, one way or another, to claim asylum. This is an issue for many people in need of protection around the world, and the reason why some decide to undertake dangerous journeys to the UK. For Palestinians in Gaza, though, this restriction can be an insurmountable barrier. Indeed, since March 2024, the borders surrounding Gaza have been closed, making it near impossible for individuals to leave, let alone reach the UK to claim asylum.

For most Palestinian nationals in Gaza, this means they are entirely cut off from the protection they would otherwise be entitled to under international law. Theoretically, they have a right to seek asylum. In practice, that right cannot be exercised. Without safe and legal routes to reach the UK, Palestinian refugees remain trapped—without protection, without process, and without options.

Even Gazans who have a different legal basis to come to the UK—such as joining family members already here or coming to the UK for urgent medical care —face major challenges. This is because the UK visa system requires applicants to enrol their biometric information (including fingerprints and photographs) as part of any application. This must be done in person at a Visa Application Centre (VAC). However, there is no VAC in Gaza, and the ongoing blockade means that applicants cannot travel to neighbouring countries like Egypt or Israel to attend one.

The Home Office does have the discretion to consider applications without biometric enrolment, or to predetermine an application and defer biometrics, under its guidance on biometric information enrolment (available here). In theory, this offers a potential route for applicants in inaccessible or dangerous locations. In practice, however, such requests are routinely refused, and often require costly and time-consuming litigation to be overturned. Given the current situation in Gaza, any such delays can be fatal.

For urgent medical evacuations, even where all the conditions are met, including hospital acceptance in the UK, proof of funding, and evidence of a treatable condition, Palestinians are still often unable to apply for visas due to the biometric enrolment requirement. With no way to access a Visa Application Centre, many are left with no option but to rely on behind-the-scenes political negotiations or direct intervention from UK ministers. Needless to say, most people in Gaza do not have the connections or influence needed to access that level of support.

Rather than addressing these barriers, the UK government appears intent on making access even harder for Gazans. It has recently committed to narrowing the interpretation of Article 8 of the European Convention on Human Rights—the right to family life—in a move clearly designed to further restrict the already minimal number of Palestinians who are able to reunite with relatives in the UK. Those of us working in the sector are seeing that the Home Office is now fighting Article 8 appeals involving Palestinian family reunion cases with particular hostility, resisting them at every stage.

If the UK government is truly committed to upholding the values of the Refugee Convention, then it must do more than offer protection to those who make it to its shores—it must also create pathways for those who cannot. As was done for Ukrainians, Afghans and Syrians in recent years, it is time the Home Office introduce safe routes for Palestinians to seek protection in the UK.