UK Judge Directs Home Secretary to Clarify Opposition to Hamas De-Proscription Appeal
A UK judge has directed the Home Secretary to address the reasons behind her resistance to Hamas’s request to remove the group from the list of designated terrorist organisations. The appeal, heard by the Proscribed Organisations Appeal Commission (POAC), has prompted scrutiny of the government’s stance on Hamas’s status.
Timeline of Appeals and Delays
Hamas, which has been listed as a proscribed group since 2021, filed its second appeal in August 2025 after former Home Secretary Yvette Cooper denied its bid to be deproscribed. The initial application had been submitted nearly a year prior, but the process remained stalled for over seven months before the appeal reached the tribunal.
During Thursday’s session, Justice Jonathan Swift, chair of POAC, urged government lawyers to provide a clear justification for the delays. He emphasized the need for the Home Secretary to justify her position within the specified timeframe, highlighting the administrative backlog in the case.
Government Strategy Under Scrutiny
The judge expressed frustration with the procedural delays, noting that the strike-out application by the Home Office had yet to be finalized. He also criticized the department for its lack of transparency, accusing it of not fully disclosing its rationale to the court. This came amid concerns that the Home Secretary was avoiding prompt resolution of the appeal.
Franck Magennis, representing Hamas, stated that the delays indicated a deliberate effort to minimize public examination of the decision. “It seems clear that the secretary of state’s strategy is to delay scrutiny of her decision-making for as long as possible,” Magennis remarked, pointing to growing challenges to the government’s position in English courts.
Legal Arguments and Pro Bono Representation
Hamas argued that its designation as a terrorist group hampers its ability to facilitate political dialogue and negotiate a lasting resolution to the conflict. The group also highlighted that the proscription criminalizes civilians in Gaza. Their case included expert testimony from Oxford-based Israeli academic Avi Shlaim, who advocated for a more balanced approach to Hamas’s classification.
Legal representation for Hamas is provided by Magennis, barrister Daniel Grutters, and solicitor Fahad Ansari, all of whom are working on a pro bono basis. This arrangement is required as it is illegal to accept funds from a proscribed terrorist organisation.
