The Court of Appeal last week gave an important judgment in the case of MI (Palestine) v SSHD [2018] EWCA Civ 1782 that clarifies and confirms the test for claims made for asylum or humanitarian protection on the basis of Article 3 in situations where it is arguable that poor country conditions are the result of the “direct or indirect actions of parties to the conflict.” Previous caselaw that applied this test successfully to Somalia has now potentially been extended to Gaza also.
The test as clarified by MI (Palestine)
In this case,