The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.
Amena El Ashkar, an alumna of the prestigious Chevening scholarship who describes herself as a stateless Palestinian, was denied a student visa by the Home Office after receiving a full scholarship to study for a PhD at the London School of Economics (LSE).
In a judgment by the upper tribunal, the Home Office was criticised for its “shockingly poor” and “seriously flawed” handling of the visa application.
The judge described a “litany of errors” made by the Home Office, including the “deliberate” and “unlawful” decision not to notify Ashkar that the visa refusal had been certified by the then home secretary, Suella Braverman. This led to the legal challenge being brought forward to the wrong court.
Ashkar, who was born and raised in a Palestinian refugee camp in Lebanon, said she “felt that my life was falling apart”.
Ashkar completed a master’s degree at the School of Oriental and African Studies (SOAS) after being awarded the Chevening scholarship by the Foreign Office in August 2019.
She returned to Lebanon and applied for a visa to study for a PhD at LSE in August 2022 and the Home Office rejected the application on the grounds that Ashkar’s presence in the UK was not “conducive to the public good”.
The academic challenged the Home Office’s decision with a judicial review but it was later discovered that Braverman as home secretary had certified the visa refusal. This meant the legal challenge should have been brought before the Special Immigration Appeals Commission.
The judge described the “grave situation” that James Cleverly, now the home secretary, found himself in due to the failure to inform the tribunal of the certification decision. The tribunal ultimately decided not to initiate contempt of court proceedings as it was deemed “not necessary or proportionate”.
Ashkar said she “felt the unfairness” when discovering that Braverman had personally certified the decision.
She said: “As someone who’s Palestinian … I was really baffled and puzzled [as to] why this was happening. I couldn’t think of anything except me being a Palestinian refugee from Lebanon being the reason because why would someone do something like that without even giv[ing] a reason.”
Ashkar’s lawyer, Alexander Hogg of Gold Jennings Solicitors, said there was a “central contradiction” at the heart of the visa rejection.
He said: “On the one hand you have the FCDO [Foreign, Commonwealth and Development Office] awarding Amena a Chevening scholarship, which on its own website they say are for ‘emerging leaders’ … Then, on the other hand you have the Home Office refus[ing] Amena a visa on the basis that her presence in the UK will not be conducive for the public good and not providing any reason.”
Cleverly said he was willing to make a fresh decision on Ashkar’s visa application.
In response to the claims, a spokesperson for the Home Office said: “It is longstanding government policy that we do not routinely comment on individual cases.”
Ashkar, who is now working as a research assistant in Qatar, said: “I really hope I just get the visa and go to LSE, I just want to start my PhD. I want to know: why did this happen? I earned that scholarship, I earned that position. And it’s not fair that I’m not getting it without even knowing why.”
