British judges have ordered that three Syrian youths and an accompanying adult should immediately be brought to Britain to join their relatives and to escape the “living hell” of a Calais refugee camp.

Refugee welfare groups described as groundbreaking the order by two immigration judges that three unaccompanied boys and a dependent adult should, under European rules, be allowed to live with their family in Britain while their asylum claims are studied.

The four young men fled Syria last September and arrived at the Calais “Jungle” camp in October. They are said to have been deeply traumatised by their experiences and had applied for the British government to take charge of their asylum claims that would allow them to live in the country.

Judge Mark Ockelton and Mr Justice Bernard McCloskey were told the four had only spent one night in heated accommodation since arriving at the camp.

But the Home Office rejected their applications under the “Dublin regulations” that would only allow an asylum seeker in Calais to join family in Britain if they had already applied for asylum in France and there was an official request from Paris for them to join their British relatives.

The Syrians’ lawyers successfully challenged the decision in a judicial review arguing that the Dublin system is not working. The immigration and asylum tribunal judges ruled on Wednesday that they should be allowed to join their relatives while their asylum claims are considered by the Home Office. The judges accepted that evidence of a written claim to asylum in France was sufficient proof that they had initially sought safety there.

The judges heard from one volunteer worker at the camp, Laura Griffiths, that conditions were akin to a “living hell” and unaccompanied children were particularly vulnerable to violence.

Of the four, two are in their late teens, one of whom is suffering post-traumatic stress disorder, and along with a second boy urgently needed to be reunited with his family, the tribunal was told. The other two are brothers, with a 17-year-old the carer for his 26-year-old brother – who has mental health problems – despite himself suffering post-traumatic stress disorder and acute stress reaction.

Judith Dennis, policy manager at the Refugee Council, said: “This ruling has shone a welcome light on the plight of refugees seeking protection in Europe who are desperately trying to reach their relatives.

“Everyone has the right to live in safety with their loved ones. European governments must work together to ensure families are reunited safely and speedily, especially when it comes to children and other dependant family members.”

No “stay” has been issued on the court order, meaning the four Syrians in Calais could be allowed to travel to Britain at the earliest opportunity. A full court judgment is expected to be published next week.

Keir Starmer, Labour’s shadow immigration minister, said: “I’ve been calling on the government for some time to review the Dublin regulation in relation to reunifying refugee families.

“When I visited Calais, I could see it was not working and this case makes that abundantly clear.”

Mark Scott from Bhatt Murphy Solicitors, said: ”This is a great day for families and a terrible one for people traffickers across Europe. Safe and legal routes are the alternative we need to unsafe and illegal. We, Citizens UK, and many many more stand ready to help the UK authorities tackle trafficking and put families back together.”

George Gabriel, of Citizens UK which had championed the case, said: “We are delighted with the judgment and look forward to being able to see these families, who have been so cruelly separated by war; reunited and safe. This judgment highlights that there are safe, legal routes to reconnect families using the Dublin III regulations, and we hope will allow other families to be reunited.

“The judgment is also tinged with sadness. We know that Masud, who died just days ago, aged 15, suffocated in the back of a lorry, trying to reach his sister here in the UK could also have been granted asylum using this safe route. Now government and the French authorities must act to ensure no more children are driven into the hands of people smugglers or become so desperate they take terrible risks to reach the safety of the UK.

“We know this is just the start of work to ensure the most vulnerable are protected and are pleased with this positive outcome; it will help us to continue to fight for justice for those who are in most need through no fault of their own.”

