Note: Hasan is a pseudonym. His identity is being withheld for his protection.
London, United Kingdom – The UK has granted asylum to a Palestinian citizen of Israel, ruling he would likely face persecution if he returned – a decision the refugee’s legal team described as “seismic”.
Hasan’s lawyers told an immigration court that he faces an “increased risk of persecution” in Israel, given his Palestinian ethnicity, Muslim faith, anti-Zionist beliefs and past of pro-Palestinian activism in the United Kingdom.
Hasan, who has lived in the UK for most of his life – more than 20 years according to his lawyers – first applied for asylum in 2019.
The decision on his case was initially delayed, likely due to the coronavirus pandemic and successive lockdowns, his lawyers said.
In 2022, the Interior Ministry rejected Hasan’s request, denying that he was at risk of persecution in Israel.
Hasan’s legal team appealed with updated evidence submitted after October 7. On Monday, the Interior Ministry reversed its earlier decision after reviewing the case.
Through his lawyers, Hasan told Tel Aviv Tribune he felt “relieved” to have battled depression and the restrictions imposed by British law that bars asylum seekers from working, even voluntarily.
“I was left in limbo for so many years while my application was being processed, barred from working, renting property, traveling, buying a car or being able to live my life ‘a meaningful way,’ Hasan said. “The world has moved on, while I have stayed behind. »
But while he feels reassured, he worries about his loved ones in Israel, citing “regular incidents of low-level violence and aggression” against Palestinians.
He said Israeli soldiers had already fired stun grenades into his family’s neighborhood and assaulted someone.
Tel Aviv Tribune has not been able to independently verify these claims.
“The authorities there are committed to the venomous racist ideology of Zionism which, at its core, views Arabs, Muslims and Palestinians as less than human and inherently evil,” he said.
The dramatic decision comes as Israel bombs Gaza for a sixth month and its crackdown on dissent intensifies.
The latest Israeli campaign in Gaza began after October 7, when Hamas, the group that governs the enclave, attacked southern Israel, killing at least 1,139 people and taking around 250 prisoners.
Since then, attacks by Israeli forces have killed more than 30,000 Palestinians in the besieged strip, most of them women and children.
While Israel says it wants to crush Hamas, human rights groups and several world leaders have called for a ceasefire given the heavy humanitarian toll.
Monday’s asylum ruling could set a precedent for Palestinian citizens of Israel who wish to seek asylum in Britain and elsewhere.
Under the 1951 Refugee Convention, which is binding on all states, a refugee should not be returned to a country where they “face serious threats to their life or freedom,” according to the UNHCR.
The European Convention on Human Rights (ECHR), an international human rights treaty, also protects the rights of people within the 46 member states that have signed it, including the UK.
“This is completely unprecedented,” said Franck Magennis, a lawyer representing Hasan.
“In principle, any Palestinian in one of these 46 states can say: ‘If you send me back to territory under Israeli jurisdiction, there is a real risk that my human rights will be violated.’ »
Palestinian citizens of Israel
Around 1.6 million Palestinian citizens live in Israel, approximately 20 percent of the total population.
They can vote and participate in politics and, unlike Palestinians living in Jerusalem, Gaza and the occupied West Bank, they are not stateless.
But rights groups have long documented measures that undermine Palestinian representation in the Knesset and condemn measures that separate Palestinian citizens in Israel from their spouses in the West Bank or Gaza, such as denying naturalization.
In the aftermath of October 7, as Israeli authorities crack down on anti-war activists, Palestinian citizens of Israel are increasingly being arrested, harassed and suspended from jobs and schools over social media posts.
Hasan’s lawyers provided evidence to the Interior Ministry that the situation in Israel had worsened and referred to the International Court of Justice’s (ICJ) provisional judgment on January 26, which urged Israel to prevent the genocide.
They said that an “apartheid” system of racial domination prioritizes Israeli Jews and systematically oppresses Palestinian citizens, an assertion that several groups, including Human Rights Watch, Amnesty International and B’Tselem, have supported in the pass.
The move is particularly important as the UK is one of Israel’s strongest allies.
Magennis has represented more than 10 Palestinians from Gaza since October 7, all of whom have been granted asylum, he said. But the decision in Hasan’s favor is “seismic,” he said.
“What we are seeing in this case is that different parts of the British state are unable to come to an agreement on whether or not to ignore the reality of Israeli apartheid,” he said. he declares.
Monday’s reversal canceled a planned court hearing, during which the Interior Ministry was expected to defend its original decision and reject Hasan’s application again.
A Home Office spokesperson said he could not comment on individual cases, but added: “All asylum applications are carefully considered on their individual merits, in line with immigration rules. As more information is provided or becomes available, the outcome of a decision may change.
