(4 March 2024) Following the European Court of Human Rights, 5 December 2023 judgment, the Applicant has filed his request for referral to the Grand Chamber.  The Court’s December 2023 judgment accepted the United Kingdom’s Upper Tribunal, and Court of Appeal, had failed to address the Article 3 Convention further risk on return (paragraph 61), but held having set-aside a finding of the Upper Tribunal, the Applicant faced no real risk of Article 3 violation, if he refused to be forcibly recruited by any of the extremist armed gangs.

The case presents an opportunity for the Grand Chamber, for the first time to address the expulsion of Stateless Palestinians who are returned to countries where they are at risk of forced recruitment by extremist armed groups. The United Nations Relief and Works Agency, who provide limited assistance in these refugee camps, has no mandate to provide physical protection to refugees living in the camps. The referral application addresses points of law and procedure, yet to be determined by the Grand Chamber.

Vanessa Delgado, Consultant Solicitor with Duncan Lewis Solicitors (Swansea) has instructed 33 Bedford Row’s Dr. S Chelvan (Head of Immigration and Public Law) (Case Leader) and Haydee Dijkstal (Head of International Law) (Junior Counsel).

The link to the December judgment can be found here.