A Palestinian surgeon living as a refugee in Belgium and suffering from an aggressive cancer has asked a Brussels court to order the state to help bring his wife and four children out of Gaza, where they remain trapped despite holding family reunification visas.

At a hearing on Friday before the French-speaking Court of First Instance in Brussels, his lawyer, Hélène Crokart, called for the state to take concrete steps, backed by financial penalties if it fails to act.

Lawyer Clémentine Caillet, representing the Belgian state, argued that, because of the region’s “complex situation,” such action would depend on diplomatic contacts with third countries.

Dr Ayesh arrived in Belgium in November 2025 after continuing to treat patients during the war in Gaza. He was granted refugee status in Belgium on 23 March 2026.

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While his family’s visas were approved on 31 July 2026, his wife and four children, who have been forcibly displaced and are now in Gaza City, are currently unable to leave the enclave.

According to his lawyer, the doctor’s physical and psychological condition is “alarming”.

The claimant relies on Article 8 of the European Convention on Human Rights, which protects the right to family life, as well as the best interests of the children, two of whom are minors.

Crokart told the court that Belgium had organised evacuations in the past, first through the Rafah crossing and later via Jordan. She argued that the state also has obligations towards people who have already been granted visas.

The Belgian state did not dispute the urgency of the case or the severity of the humanitarian situation. However, its lawyer maintained that the measures sought involve diplomatic and consular action with third countries and therefore fall within the sphere of foreign relations.

At the end of the hearing, Dr Ayesh spoke in court, visibly emotional. “I will not accept dying here alone,” he said through tears.