An Egyptian NHS doctor has made fun of people going to the Israeli festival to escape from Hamas gunmen on 7 October, winning a legal challenge against exile.
A Immigration Tribunal Judge gave Dr. Meena Elwan said in his claim that the Home Secretary, James cleverly, was wrong to cancel his holiday to live in Britain, that her presence was “not suited to the good of the public”.
Subsequently, an upper tribunal judge Stephen Davis said there were three “shocking and incompetent” posts on the X.
He agreed with Shri cleverly that 34 -year -old Dr. Elwan supported, justified and glorified by Hamas to support terrorist attacks. He also accused the success of the attacks of “gluting” in which 364 Israelis were killed.
Neurology specialist Dr. Elwan had repeated the Israeli footage running from gunmen at a concert and wrote that “if it was your home, you will live and fight”.
However, the judge rejected the removal decision on the basis that it was not “appropriate or proportional” and violated its rights under European Convention on Human Rights (ECHR) and Common Law.
He said that Shri cleverly had “proper relationship” for the “short-term and united nature” of the posts, which was quickly taken down, and his previous “guilty” record in his seven years in the UK.
He said that Yitvet Cooper, Home Secretary, said that Dr. “Remove the decision” to cancel Lwan’s right to remain. However, he rejected his appeal against his decision to deny his indefinite holiday to live in Britain.
Neurology expert again posted the annoying footage of Israeli running from gunmen at a concert – Twitter
Dr. Elwan was working for an NHS Trust in Liverpool, with the right to live as a skilled worker by 2027, when he posted three times on X on the evening of 7 October.
6.52 am, 6.52 pm, the first post said: “If it was a house, U will stay and fight. You will not run away now. “It was with a smiling emoji.
Another post, three hours later, said: “Israel was never a country. He illegally captured Palestine. Will Yu Ukraine support Russia? Israel killed Palestinians everyday, does not care for anyone … Apart from this, there are no citizens in Israel. ,
One third, condemning the attacks by Rishi Sunak, responded to a tweet, saying, “Just take all Israelis away from terrorists Palestine (Emoji) to Britain, not a win for all, no?”
The judge said: “The combination of repetition of the video, barely hidden affection against unarmed citizens tried to flee the attack, and smiling face emoji clearly expressed Dr. Lavan’s satisfaction of what happened , Clear message that there was a case for Hamas attack on unarmed Israeli citizens within Israel and thus, support and For manifestations of justification, and actually for glory, Hamas terrorist violence.
The judge said that Dr. Lavan’s second tweet was a “clear message … that no one should care about Israeli citizens killed in Hamas’s attack, because no one living in Israel can be considered as a citizen. Is to occupy the army illegally ”.
‘Shocking and unforgivable’
The judge said that all the tweets, including the third, were in “protected expressions of political opinions”, but that they all “were” support of terrorist violence by Hamas, justified and even glorified and even glorious. “
He said: “The contents and time of the objectionable parts of the posts were shocking and incompetent and, clearly, was involved in the success of Hamas terrorist attack against Israeli citizens.”
The house office Elwan told that his tweets merged the expulsion “on the basis that they try to promote terrorist violence and/or hatred, which could lead to inter-co-ordinary violence”.
Dr. Elwan denied the allegations, arguing that the tweets were preserved under the right to free speech in Article 10 of Echr. His lawyer argued: “Tweets are not support for terrorism, but protect the political speech of a strong, biased nature that comment on a broad political context.”
The judge criticized him for not apologizing despite tweeting and making his X account private.
However, he said: “To be balanced against the factors identified above, (home office) also needs to have a proper relationship for short-term and united nature of that conduct, a long and heavy positive and positive and positive and Positive and positive and otherwise the length of the loyalty of the allowed holiday within the UK. ,
‘Echr is being misused’
The judge said that instead of expulsion, “proper and proportional reaction” would allow him to live and allow him to give him a clear warning that his positions were unacceptable “.
He said that in the warning, Dr. Elwan should also have told that if he engaged in further conduct, he would have to face exile. He said that this “proportional” alternative option was also not considered by the house office, which he did justice, there was an error of law.
He said that the current UK law adopts an “all or nothing attachment”, which meant that the house office Dr. Elwan may not be flexible in approval.
The decision was rejected, and the home office would re -investigate the case. Chhaya Home Secretary Chris Filp challenged the decision and Dr. Elwan asked to expel, “On October 7, Hamas militants are getting sick to celebrate and laugh at the victims of murders, rapes and kidnappings.
“Those who think that these attacks were funny, there is no place in Britain and if there are no citizens, they should be thrown out.
“Once again, we see that Echr is being abused to allow this person to stay in the UK. Apparently ECHR rights now expand to kill and laugh at rape victims. The judge requires a yett cooper to re -decide – we will now find out whose favor he is in favor. ,