Egyptian NHS doctor who ‘glorified’ Hamas spared deportation

[Pelican Press 0]

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Egyptian NHS doctor who ‘glorified’ ****** spared deportation

An Egyptian NHS doctor who mocked

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on

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has won a legal challenge against deportation.

An immigration tribunal judge backed

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, 34, in her claim that

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, the home secretary at the time, was wrong to cancel her leave to remain in the *** after ruling that her presence was “not conducive to the public good”.

It followed what Stephen Davies, an upper tribunal judge, said were three “shocking and inexcusable” posts on X in which he agreed with Mr Cleverly that Dr Elwan had supported, justified and glorified the terrorist violence by ******.

He also accused her of “gloating” over the success of the attacks in which 364 Israelis were killed.

On X, the neurology specialist re-posted harrowing footage of Israelis running from gunmen at a music festival and wrote that “if it was your home, you would stay and fight”.

However, the judge quashed the expulsion decision on the basis that it was not “reasonable or proportionate” and breached her rights under both the

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and common law.

The neurology specialist re-posted harrowing footage of Israelis running from gunmen at a music festival –

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He said that the former home secretary should have had “proper regard” to the “short-lived and one-off nature” of the posts, which were quickly taken down, and her previous “blameless” record during her seven years in the ***.

He has asked

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, to “take the decision afresh” on whether to cancel Dr Elwan’s right to remain.

However, he rejected her appeal against the decision to refuse her indefinite leave to remain in the ***.

The case follows a series of judgments revealed by The Telegraph in which migrants or convicted foreign criminals have won the right to remain in the *** or halt their deportations, often by citing breaches of the ECHR.

It included one case where a judge allowed

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to join a relative after applying under a Ukrainian refugee scheme on the basis that the refusal breached their right to a family life under the ECHR. Sir Keir Starmer

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and pledged to close the loophole.

Dr Elwan was working for an NHS trust in Liverpool with the right to remain as a skilled worker until 2027 when she posted three times on X on the evening of Oct 7.

The first, at 6.52pm, over a picture of fleeing Israeli festival-goers, said: “If it was ur home, u would stay and fight. U wouldn’t just run away.” It was accompanied by a smiling emoji.

A second post, three hours later, said: “Israel was never a country. They illegally occupied Palestine. Would u support Russia invading Ukraine? Israel kill Palestinians everyday, didn’t see anyone caring … Also there are no civilians in Israel.”

A third, responding to a tweet by

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condemning the attacks, said: “Just take all the Israelis to *** away from terrorist Palestine [emojis] a win for everyone, no?”

The judge said: “The combination of the re-posting of the video, the barely concealed sneer of cowardice against unarmed civilians seeking to flee the attack, and the smiling face emoji clearly expressing Dr Elwan’s satisfaction at what had happened, convey the clear message that the attack by ****** on unarmed Israeli citizens within Israel was a matter for celebration and, thus, amounted to expressions of support and justification for, and indeed glorification of, ****** terrorist violence.”

The judge said that Dr Elwan’s second tweet was a “clear message… that no-one should care about the Israeli citizens killed in the ****** attack, because no one living in Israel could be considered as a citizen as opposed to a member of an illegally occupying army”.

The judge said all tweets, including the third, were in part “protected expressions of political opinion, but that they all “supported, justified and even glorified terrorist violence by ******”.

He said: “The content and the timing of the offending parts of the posts was shocking and inexcusable and, frankly, involved gloating in the success of the ****** terrorist attack against Israeli civilians.”

The Home Office told her that her tweets merited expulsion “on the basis they seek to justify terrorist violence and /or foster hatred which might lead to inter-community violence”.

‘All-or-nothing approach’

Dr Elwan denied the accusations, arguing the tweets were protected under the right to free speech in Article 10 of the ECHR.

Her lawyer argued: “The tweets are not support for terrorism but protected political speech of a strong, partisan nature that comment on the wider political context.”

The judge criticised her for not apologising despite taking down the tweets and making her X account private.

However, he said: “To be balanced against the factors identified above, the [Home Office] also needed to have proper regard to the short-lived and one-off nature of that conduct, in the context of a lengthy and overwhelmingly positive and otherwise blameless length of permitted leave within the ***.”

The judge said that instead of expulsion, “the reasonable and proportionate reaction” would have been to allow her to remain and give her a “clear warning that her posts were unacceptable”.

The warning should have also included telling Dr Elwan that she would face deportation if she engaged in further conduct, the judge added.

The judge said this “proportionate” alternative option did not appear even to have been considered by the Home Office, which he judged was an error of law.

He said that current *** laws adopt an “all-or-nothing approach”, which meant the Home Office could not be flexible in its sanction of Dr Elwan.

The decision was quashed and the Home Office – now led by Ms Cooper – will re-examine the case.

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#Egyptian #NHS #doctor #glorified #****** #spared #deportation

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