Thursday, March 14, 2024

Palestinian citizen of Israel granted UK asylum in 'unprecedented' move

Hasan, 24, claimed he would face persecution in Israel due to his pro-Palestinian activism



Protestors gather near parliament in London. Getty Images


Lemma Shehadi
Mar 14, 2024
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Palestinian citizen of Israel has been granted asylum in the UK, in a Home Office decision which his lawyers say is unprecedented.

“Hasan”, whose real identity has not been disclosed, had claimed that he faced “enhanced risk of persecution” in Israel because of his Palestinian identity, Muslim faith, anti-Zionist political opinions and pro-Palestinian activism in the UK.

The refugee had lived in the UK for most of his life, and sought asylum in 2019, according to media reports. The Home Office rejected his case in 2022, denying that he faced persecution from Israel.

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In an appeal to an immigration tribunal, "Hasan" claimed that the Israeli government maintains an "apartheid system of racial domination" over its Palestinian citizens, whom it "systematically oppresses", his lawyers have said.

The 24-year-old's case was based on expert reports and NGOs published in recent years, as well as the International Court of Justice’s recent ruling, which found it “plausible” that Israel’s actions in Gaza could amount to genocide.

The Home Office granted "Hasan" asylum less than a day before the tribunal hearing. By reversing its decision, it also avoided a tribunal in which the refugee’s lawyers were expected to argue that Israel was not safe for citizens of Palestinian origin.

Lawyers of "Hasan" had reportedly submitted additional information claiming that the Palestinians living in Israel had been at greater risk since the beginning of latest Israel-Gaza conflict on October 7 last year.

Franck Magennis, a barrister at Garden Court chambers, who represented "Hasan" believed the Home Office’s decision to grant asylum to a Palestinian from Israel would have “widespread ramifications” in Britain and elsewhere.

“In principle, Palestinians who claim asylum in other jurisdictions around the world can point to this concession by the UK Home Office in support of their own claims for protection from the Israeli government,” he said.

When contacted by The National, a Home Office representative said it could not comment on the individual case. However, the department said a successful asylum claim was not an indication the UK considered the country of origin to be unsafe.

“All asylum claims are carefully considered on their individual merits in accordance with the Immigration Rules and are not uniquely based on the broad perceptions of safety of their country of origin," it said.

"In the past year, the UK has granted asylum to individuals from various countries including nationals from some of our closest European neighbours and other safe countries around the world.

"Where more information is provided or becomes available, the outcome of a decision can change.”

Updated: March 14, 2024, 

Italy rejects extradition to Israel of Palestinian over rights fears

Reuters
Wed, March 13, 2024 

MILAN (Reuters) - An Italian appeals court refused on Wednesday to send a suspected Palestinian militant to Israel, saying he risked "cruel, inhuman or degrading treatment" if he was extradited.

The man, named by the court as Anan Kamal Afif Yaeesh, 36, was one of three Palestinians arrested in central Italy on suspicion they were planning attacks in an unspecified country.

Israel applied for the extradition of Yaeesh, but his lawyer opposed the request, presenting reports by Amnesty International and Human Rights Watch on prison conditions for Palestinians held in Israeli prisons.

In a written ruling, a panel of three judges in the central city of L'Aquila sided with the defence, saying Yaeesh would face "acts constituting a violation of human rights" if the extradition request was granted.

However, they ruled that he should be kept in prison in Italy because he is being investigated by the public prosecutor's office for the same charges for which Israel had requested his extradition.

The substance of the allegation against him was not discussed in the hearing. Israel has repeatedly said detainees and prisoners are treated in accordance with international law.

Israel, which is at war with the Palestinian militant group Hamas in the Gaza Strip, has accused Yaeesh of financing an armed group from the Tulkarem refugee camp in the West Bank, called the Tulkarem Brigade.

Italy said on Monday the three arrested Palestinians had set up a cell linked to the Al-Aqsa Martyrs Brigades, an armed group linked to Palestinian President Mahmoud Abbas' Fatah movement. The group is considered a terrorist organisation by Israel, the European Union and the United States.

The other two did not appear in court because Israel has not requested their extradition.

(Reporting by Emilio Parodi, Editing by Crispian Balmer and Alison Williams)

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