R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs and Secretary of State for the Home Department [2026] EWHC 440 (Admin)

04/03/2026

On 27 February 2026, Sheldon J handed down judgment in R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth and Development Affairs and Secretary of State for the Home Department [2026] EWHC 440 (Admin). Sian Reeves and Paul Erdunast acted for the Foreign and Home Secretaries, led by Rory Dunlop KC and with Richard Evans. The claim for judicial review was brought by six people living in Gaza who wish to be reunited with their father in the United Kingdom. They alleged that the Defendants unlawfully failed to assist them to exit Gaza and transit to the UK by offering assurances to Jordan of onward travel to Gaza, no matter the result of their biometrics.

Sheldon J found that an indvidualised decision of the Home Secretary on 18 December 2025 not to offer such onward travel assurances was rational, and did not breach Article 8 or Article 14 ECHR. In particular, he found that Article 8 and Article 14 did not apply on the basis that it is not within the jurisdiction of the ECHR to require a state to offer consular assistance. In any event, he found that the decisions would have been justified under Article 8 on the basis of national security concerns if onward travel assurances were granted and the Claimants were to fail their biometrics, and under Article 14 because there were justifiable foreign policy reasons why other cohorts such as medevacs and students have been granted consular support.

There were three findings of unlawfulness regarding decision-making between September and November 2025, which did not affect the outcome regarding the decision on 18 December 2025 in respect of the Claimants. A link to the judgment can be found here.