Security Prisoner
Security Detainee
Administrative Detainee
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The granting of status to the stepchildren of a Jerusalem resident: the case of the S family
documents: 0  |  Updates: 2 AS, originally from Hebron, divorced his wife and moved with his three children to the Shu'fat refugee camp within the limits of Jerusalem. His ex-wife moved to Jordan, and maintains minimal contact with her children. AS married a Jerusalem resident in 2005 and they have been living in Jerusalem with their daughters and his children from the previous marriage. The Sharia Court awarded the stepmother, JS, legal custody of the three children. The children are in her care, jointly with their biological father. In February 2007, JS applied for family unification for her husband and the three children. The interior ministry was satisfied that this was a single family unit, and granted the request for family unification. The father received temporary stay permits in Israel under the Temporary Order. However, although under the Temporary Order, the children were supposed to receive to Israeli residency permits, they too, received stay permits only. The interior ministry based its decision on an internal procedure whereby the children from a previous marriage of a family unification applicant are to receive the same permit as he. The decision contradicts the letter of the Temporary Order and in effect left the children without any status or social security rights, including those for health and education.

In January 2009, HaMoked petitioned the Court for Administrative Affairs to order the interior ministry to grant status to the children. The interior ministry notified that the case would be brought before the appellate committee for foreigners, whereupon the petition was erased. In November 2009, the appellate commissioner denied the application, ruling that as the petitioners' father came under the Temporary Order and they were the accompanying minors in his application, like him, they were entitled to stay permits only. In February, 2010, HaMoked filed another administrative petition seeking the court to direct the interior ministry to grant the children permanent status, as well as stipulate that as a rule decisions on the status of minors would not be affected by the Temporary Order.

On June 13, 2010, a hearing of the petition ended with the judge’s decision that judgment will be delivered in a few months time. To date, May 2011, judgment is yet to be delivered.


Updates
15.1.2013
After three years, two court petitions and one appeal to the appellate committee for foreigners: children from a previous marriage, accompanying their parent seeking family unification in Israel, will receive a permit of temporary residency in Israel
1.7.2010
HaMoked: Center for the Defence of the Individual files an administrative petition to instruct the Interior Ministry to grant permanent Israeli status to an alien spouse's children from a previous marriage: HaMoked requests that the court stipulate decisions on the status of children under the age of 14 be taken regardless of the Temporary Order
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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