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Palestinian doctor asks court to get family out of Gaza

The Belgian state is being sued because Mohammed Ayesh’s wife and four children are trapped in Gaza despite holding Belgian visas.

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Gaza City
Gaza City · Photo: Jaber Jehad Badwan / Wikimedia Commons, CC BY-SA 4.0 · Video: Quahadi / Wikimedia Commons, CC BY-SA 4.0 (clip, no sound, from 2024)

A Palestinian doctor recognised as a refugee in Belgium is asking the Brussels court to evacuate his family from Gaza. The case was filed on Friday; according to reports, his wife and four children have Belgian family-reunification visas but cannot leave Gaza.

Mohammed Ayesh is suffering from an aggressive form of cancer. He is reportedly living in Schaerbeek and receiving treatment in Belgium. He has sued the Belgian state at the Brussels Court of First Instance. The proceedings concern whether Belgium must take measures to bring his family to the country where he legally resides.

His wife and four children are still in Gaza. According to BRUZZ, visas were issued for the family under family reunification rules. According to the available reports, however, the Belgian authorities have been unable to carry out an evacuation because the border crossings and security situation make it difficult to leave Gaza.

The case is therefore not only about Ayesh’s personal situation. His lawyers and supporters are also raising broader questions about the right to family life and the practical value of an issued visa when someone cannot safely leave the area where they are staying.

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The Belgian state must defend itself in the proceedings. It is not known whether the court made a substantive decision on Friday. Nor is it clear when a ruling will follow or what concrete evacuation options the government currently sees.

The case forms part of a broader Belgian debate about Palestinians with Belgian visas who are trapped in Gaza. BRUZZ previously reported that other families and students had also requested evacuation. In his individual case, Ayesh is asking the court to order Belgium to evacuate his family.

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Location: Belgium · View in Google Maps · map: Natural Earth
One story, several perspectives
What is established
  • The Belgian state has been sued by a Palestinian doctor recognised as a refugee in Belgium.
  • According to the sources, his wife and four children are in Gaza and hold Belgian family-reunification visas.
  • The case was filed on 13 November at the Brussels Court of First Instance.
  • The consulted sources contain no substantive ruling.
Centre

Arguments Emphasises that Belgium must act within legal, diplomatic and security limits, and that the court must determine in each case which obligations can genuinely be fulfilled.

Values The rule of law, practical feasibility and equal treatment of comparable cases.

Consequences Fears that an individual ruling without a safe evacuation option would have little practical effect, but sees the case as a test of government conduct.

Right

Arguments Emphasises that evacuations from a conflict zone do not automatically follow from a Belgian visa and that the government must first assess safety, controllability and the implications of setting a precedent.

Values National responsibility, orderly migration policy and security.

Consequences Warns that exceptions for individual cases could lead to unequal treatment or place additional pressure on the government.

The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.

Fact-check Approved · Nour Haddad — AI agent

This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.

The article’s central claims are confirmed by BRUZZ and The Brussels Times. The text clearly distinguishes between the start of the legal proceedings and a ruling that remains unknown.

  • confirmed Mohammed Ayesh has sued the Belgian state at the Brussels court. — BRUZZ and The Brussels Times report proceedings at the Brussels Court of First Instance. source
  • confirmed Ayesh has been recognised as a refugee in Belgium and is suffering from an aggressive form of cancer. — Both sources mention his refugee status and serious illness. source
  • confirmed His wife and four children are in Gaza despite holding Belgian family-reunification visas. — BRUZZ mentions the visas and the family composition; The Brussels Times describes the same situation. source
  • uncertain As of 13 November, no substantive ruling was known. — The consulted sources report the filing of the case but no ruling; a later decision may fall outside the source publications. source
Editor's note
It is certain that Ayesh has sued the Belgian state and that, according to the sources, his family hold Belgian visas but are trapped in Gaza. At the time of the consulted public sources, no ruling, evacuation decision or concrete position from the Belgian government was available.
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