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Denial of a family unification application based on a nephew's security record: the case of FJ
527/07 | documents: 1  |  Updates: 2 FJ, an Israeli resident, lives with her husband, a resident of the Occupied Palestinian Territories (OPT), and their five children in the Jerusalem neighborhood of a-Tur. In 2006, FJ applied for family unification with her husband. The Ministry of Interior rejected the request on "security grounds" due to the fact that the husband's nephew had committed a suicide bombing. This, however, does not constitute legal grounds for refusal, since the Citizenship and Entry into Israel Law (Temporary Order) does not list a nephew among the family relations on whose account the state may refuse an application for family unification on security grounds. And in any event, a dead person poses no risk to security, thus cannot serve as grounds for refusal. HaMoked filed an objection against the decision but the state persisted. Therefore, HaMoked petitioned the High Court of Justice demanding, inter alia, that the state retract its refusal. Other cases known to HaMoked indicated that at the time, the Ministry of Interior ruled on such applications automatically by following the recommendations of the security agencies, without its clerks performing their duty, prescribed by the law, to exercise discretion independently, and consider each case on its own merits.

In FJ’s case, the state, and the security agencies never claimed that the husband himself posed any threat. Indeed, he had no security or criminal record, and only wished to continue living with his wife and children in Jerusalem - the undisputed center of this family's life.  The case was sent for review by the security agencies, and five months after the objection was filed, the state declared that it now approved the couple's application for family unification, and that the military's District Coordination Office would issue a one year stay permit for the husband. The petition was deleted.


AP 527/07 (Jerusalem) Ja'abri et al. v. Minister of Interior et al. Petition for Order Nisi
Administrative Petition  |  527/07  |  30.5.2007
HaMoked's court petition against the rejection of a family unification application on the grounds that the applicant's nephew committed a suicide attack. HaMoked claims that the refusal is illegal. Nephews are not among the relatives because of whom applications may be refused under Section 3(d) of the Citizenship and Entry into Israel Law. Moreover, the Law indicates that refusal is possible o...
Updates
3.7.2007
Following a petition filed by HaMoked before the Court for Administrative Affairs, an application for family unification between a resident of East Jerusalem and her spouse has been approved: The petition was filed after the couple's family unification application was refused by the Interior Ministry on the grounds that the petitioner's nephew carried out a suicide attack. HaMoked claimed that ...
18.6.2007
HaMoked has petitioned the Administrative Affairs Court after the Ministry of the Interior refused to approve a family unification application for a resident of East Jerusalem and her partner on the grounds that the appellant’s nephew had committed a suicide attack: The refusal of the application by the Ministry of the Interior lacked the authority and was based on grounds that are inconsonant ...
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