Abu Qamar v Secretary of State for the Home Department

The appeal concerned the Secretary of State’s decision to cancel the Appellant’s permission to enter on the basis that her presence in the UK was “not conducive to the public good” by virtue of statements made by her on 7 and 8 October 2023 in relation to the situation in Palestine and Israel. The Appellant appealed on the basis that the Secretary of State’s decision represented an unlawful interference with her right to freedom of expression and the legitimate expression of support for Palestinians’ right to resist occupation in accordance with international law.

The Tribunal held that the Secretary of State had “failed to discharge the burden upon her to demonstrate that the Appellant’s presence in the UK is not conducive to the public good” and that the removal of the Appellant from the UK would amount to a disproportionate and therefore unlawful interference with her right to free speech under Article 10 of the European Convention on Human Rights. In concluding that the cancellation decision was incompatible with the Appellant’s Article 10 rights, the Tribunal observed that the Appellant’s characterisation of Israel as an “apartheid state” was “consistent with views expressed publicly by human rights organisations” and that an informed observer would recognise “actively resisting” and “broke free” (expressions used by the Appellant on which the Secretary of State placed reliance) as “phrases generally related by many to lawful acts, as distinct from unlawful acts of Palestinian resistance”.

Rayan Fakhoury acted for the successful Appellant.

Coverage of the Tribunal’s decision has been widely reported in the press.