Judicial Review Leads to FCDO Policy Change for Gazan students and their families

A Palestinian family has been reunited in the UK after a successful legal challenge brought by Duncan Lewis and supported by Law for Change.

Ms A  brought the case against the Foreign, Commonwealth and Development Office (FCDO) after the FCDO refused to evacuate her young children and husband from Gaza without providing any justification despite the family meeting all Immigration Rules requirements. This decision was inconsistent with the treatment of other cohort members, making it unreasonable and potentially unlawful.

She was offered a fully funded PhD place at a UK university, along with a scholarship covering all expenses for themselves and their dependents, with no expenses imposed on the public purse as a result.

The initial decision left her to choose between abandoning the higher education opportunity she had worked tirelessly to achieve, or remaining separated from her family who remained at serious and ongoing risk.

This successful legal challenge not only allowed for the full family to come to the UK but also provided reassurance and tangible support to other Gazan students in similar circumstances. More broadly, the litigation has strengthened the advocacy efforts of affected students, universities, and humanitarian organisations seeking fair treatment for individuals displaced by conflict.

A successful judicial review led to the FCDO changing the guidance for Scholarships for Students from Gaza which was updated 27 October 2025.

As a result of this case, the UK Government will now seek to support the dependents of Chevening scholars and other fully funded PhD students to leave Gaza and travel to the UK under the new section on “Eligibility of dependants”.

Beyond protecting the Claimant and her family from serious risk to life, her studies in critical fields equip her to contribute vital skills to Gaza, which has suffered significant losses of skilled professionals during the recent conflict.

Her evacuation allows her to continue her education and ultimately support the rebuilding of  communities when she returns to Gaza after her studies, while ensuring consistency, fairness, and lawful action in government decision-making.

Her legal team at Duncan Lewis said: “We have confirmed that a number of families, including the core Claimants in this litigation were assisted by the Foreign Office and have safely arrived in the United Kingdom, with eligible family members and have started their studies. This amendment ensures that students with dependents are no longer faced with the distressing choice between pursuing their education and remaining with their families.

We would like to thank Law for Change for agreeing to indemnify the core Claimant’s in this litigation, following multiple refusals by the Legal Aid Agency to fund this litigation, against the Secretary of State for the Home Department and Secretary of State for Foreign, Commonwealth and Development Affairs”

By securing recognition of dependents' rights within official guidance, the case has promoted a policy framework which appropriately accounts for humanitarian realities and affirms that academic opportunity should not come at the cost of family separation. This change will also enable eligible students who made the difficult decision to leave their families in Gaza to retroactively bring them to the UK.

Duncan Lewis shared the impact of this strategic litigation: “The funding made it possible for the Claimant to challenge an unlawful and discriminatory policy, impacting highly vulnerable individuals in a conflict zone. This eventually resulted in a nationwide policy change with far-reaching humanitarian consequences. Law for Change’s  intervention exemplifies the vital role that strategic litigation funding plays in holding public bodies to account and achieving systemic reform for vulnerable individuals.”