England’s most senior judge says she is “deeply troubled” by Sir Keir Starmer and Kemi Badenoch’s exchange about a Gazan family coming to the UK under the Ukraine scheme.
The Lady Chief Justice voiced her concern after the prime minister said a judge had made the “wrong decision” by letting a family of six from Gaza settle in the UK under a Ukrainian refugee scheme.
Sir Keir made the comments during last Wednesday’s Prime Minister’s Questions after Conservative leader Ms Badenoch raised the case.
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Ms Badenoch said the decision, made following two appeals, was “completely wrong” and it “cannot be allowed to stand”.
The prime minister pledged to close the “loophole” in answer to her question.
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PMQs: Badenoch and Starmer condemn immigration decision
Baroness Carr said on Tuesday: “Both question and the answer were unacceptable.
“It is for the government visibly to respect and protect the independence of the judiciary.
“Where parties, including the government, disagree with their findings, they should do so through the appellate process.”
The Palestinian family’s application under the Ukrainian resettlement scheme was initially rejected by the Home Office, who said they were not satisfied there were “compelling, compassionate circumstances” to justify a request outside the rules.
They also noted the lack of a resettlement scheme for Palestinians.
However, the family appealed on human rights grounds – but that was dismissed by a first-tier immigration tribunal judge in September due to the lack of a Palestinian resettlement scheme.
They then appealed again and were allowed to remain in the UK by upper tribunal judge Hugo Norton-Taylor, who said it was “wrong to have taken the absence of a resettlement scheme into account at all”.
He also backed the claim from the family based on the European Convention on Human Rights (ECHR) and the right to a family life between them and a relative in the UK.
Read more:
What is the loophole that allowed a family in Gaza to come to UK on Ukraine scheme?
Sir Keir Starmer at PMQs last week. Pic: PA
Number 10 said they would not be commenting on Baroness Carr’s comments.
After the PMQs exchange last week, a Home Office spokesperson said: “The Ukraine Family scheme was clearly set out for Ukrainians. We have been clear that we do not agree with this judgment and we twice vigorously contested this case.
“As the prime minister made clear, article 8, the right to a family life, should be interpreted much more narrowly. It is for the government and Parliament to decide who should be covered by the UK’s safe and legal routes.
“We are pursuing all legal avenues to address the legal loophole which has been exploited in this case. The home secretary is urgently reviewing this case to ensure the correct processes are always followed and existing laws correctly interpreted.”
