The government is working to close a loophole which allowed a Palestinian family the right to live in the UK, after they applied through a scheme designed for Ukrainians.
Conservative leader Kemi Badenoch raised the case during Prime Minister’s Questions, saying it was “completely wrong”.
In response Sir Keir Starmer said he agreed, adding that “it should be Parliament that makes the rules on immigration”.
The family of six, whose home in Gaza was destroyed by an air strike, applied to join the father’s brother in the UK using the Ukraine Family Scheme.
The application was refused in May last year, after the Home Office concluded the requirements of the scheme were not met.
The family’s initial appeal was dismissed by a first-tier immigration tribunal judge in September.
But following a hearing in January, a further appeal has been allowed by upper tribunal judges on the grounds of Article 8 of the European Convention on Human Rights, which protects the right to a family life.
Badenoch said the decision “cannot be allowed to stand” and asked the prime minister whether the government was planning to appeal.
In response, Sir Keir said: “It should be Parliament that makes the rules on immigration.
“It should be the government that makes the policy, that is the principle, and the home secretary is already looking at the legal loophole which we need to close in this particular case.”
