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Entry to Israel for family visits by children of "divided families": the case of AA
50482-07-10 | 50482-07-10 | documents: 2  |  Updates: 2 AA is a Jerusalem resident who lives with her husband and children in Rafah in the Gaza Strip. Her stay in Gaza is arranged through the "divided families procedure" which permits Israelis to remain with their spouses in the Gaza Strip, subject to receiving military permits. For years, AA would enter Israel with her minor children to visit her family in Jerusalem. In the summer of 2008, the military began requiring that minors who accompany with their parents to Israel would hold individual permits, allegedly, to facilitate their return trip. The issuing of permits proceeded routinely.

In May 2010, in preparation for her summer-vacation family- visit, AA applied to the military for permits for her children. Her request was denied. HaMoked requested the military to reconsider, and recalled that the identical request had been approved two years earlier. The military responded, claiming that the refusal was due to the fact that AA did not meet the criteria "stipulated from time to time, according to the political- security situation". In its concern that the military refusal was not based on pertinent considerations, HaMoked appealed to the Coordinator of Government Activities in the Territories to demand a review of the military position. In July 2010, in the absence of any response, HaMoked petitioned the Court for Administrative Affairs in Beer Sheva. The petition argued, inter alia, that as a mother cannot be separated from her young children who depend upon her, the arbitrary refusal to issue permits for the children, thwarted the possibility of a visit, and violated the petitioner's right to stay on touch with her family.

The District Attorney's Office demanded the petition be dismissed outright, based, inter alia, on general security considerations, and without any reference to HaMoked claims about the harm done to the petitioner. At the conclusion of the hearing, the court concluded that there was no cause to intervene in the state's decision. The court ruled that a "summer vacation" in Israel was not a humanitarian need which merits the children's entry to Israel, and disregarded the harm to the mother's rights. The court left the option for them to reapply to the military and present the "exceptional circumstances" for each child's entry. Although the need to do so was unclear, HaMoked reapplied for permits on behalf of three of AA's children. Three weeks later, the request was approved for the two youngest children. Late September, AA traveled with them to Jerusalem, her older children were left in Gaza.


AP 50482-07-10 - Abariqah et al. v. Commander of the Gaza Strip Area et al. Transcript and Decision
Judgment / District Court  |  50482-07-10   |  2.8.2010
AP 50482-07-10 - Abariqah et al. v. Commander of the Gaza Strip Area et al. Petition for Order Nisi
Administrative Petition  |  50482-07-10  |  29.7.2010
Updates
21.9.2010
The Beer-Sheva District Court rejected HaMoked's petition to allow the children of an Israeli resident who lives in Gaza to accompany her on a family visit to Jerusalem: Israel allows women of "divided" families to leave Gaza to Israel only if they leave their children behind
16.11.2004
Divided families: HaMoked petitioned the High Court of Justice against the military’s decision not to allow Israeli residents to return to their homes and their husbands and children in the Gaza Strip. Subsequently, the State agreed to renew the wives' permits to stay in the Strip in two of the petitions. The petitions were filed following the military's decision to revoke the permits solely on...
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