In a landmark test of Belgium’s humanitarian obligations, 42-year-old Palestinian orthopaedic surgeon Dr Mohammed Ayesh appeared before the French-speaking Court of First Instance in Brussels on Friday, 13 November, seeking an emergency injunction that would compel the Belgian state to evacuate his wife and four children from Gaza. The family were granted Belgian family-reunification visas on 31 July 2026 but remain trapped after border crossings closed amid escalating conflict. Dr Ayesh, who was granted refugee status in March and subsequently diagnosed with aggressive cancer, argues that Belgium’s duty to protect the right to family life under Article 8 of the European Convention on Human Rights obliges authorities to arrange safe passage. His lawyer asked the court to attach daily penalty payments if officials fail to act. Government counsel contended that any extraction depends on "complex" diplomatic negotiations with third countries and falls within the realm of foreign policy. The case resonates beyond one family. Belgium issued more than 2,800 family-reunification visas in 2025 and hosts growing numbers of medical professionals from conflict zones. Immigration advisers warn employers that staff recruited under Belgium’s acute-shortage occupation lists may face similar family-separation risks if geopolitical crises flare. HR teams are therefore urged to run contingency planning and mental-health support for expatriate staff. A ruling is expected within two weeks. Should the court side with Dr Ayesh, it could set a precedent forcing the Belgian Foreign Ministry to take a more proactive stance in securing transit guarantees through Egypt or Jordan for visa-holding relatives of residents – potentially broadening the state’s logistical burden in future emergencies.
Source: The Brussels Times
