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Grant of permanent status to the son of a permanent Israeli resident: the case of BS
5718/09 | 8890/08 | documents: 6  |  Updates: 2 BS was born in Jerusalem in 1991 to an Israeli resident mother and a father who is a resident of the West Bank, and was soon registered in the Palestinian population registry. After living for several years in the village of Ni'lin in the West Bank, the family returned to Kafr 'Aqab in Jerusalem. In 2004, the mother applied to the Ministry of Interior to register her five children, including BS, in the Israeli population registry, and grant them status in Israel. In April 2006, the Ministry of Interior gave BS the status of temporary resident in Israel for a period of two years. At the end of that period, the mother applied to the ministry to upgrade her son's status to permanent residency in accordance with the "Procedure for Registration of Children Only One of Whose Parents is a Permanent Resident". The request was rejected based on the ministry's interpretation to the Citizenship and Entry into Israel Law (Temporary Order) that prohibited granting permanent status to "residents of the Area" over age 14. This interpretation and its implementation through the procedure effectively lowered the cap age for receiving a "licence for permanent residency in Israel" from 14 to 12, contrary to the provisions of the Law.

The Ministry of Interior's refusal contradicted the purpose of Regulation 12 of the Entry into Israel Regulations, seeking equalization of status of an Israeli resident parent and his/her child. Under the Regulation, BS, who was born in Israel to an Israeli resident, was entitled to be registered as a permanent resident. The fact that he had been previously registered in the OPT had no bearing on the issue. In November 2008, HaMoked petitioned the Court for Administrative Affairs, and argued, inter alia, that the population administration's decision contradicted its obligation to act for the best interests of the children of Israeli residents and also contradicted the ruling of the Supreme Court.

In June 2009, the court granted the petition and ordered that SB's status be upgraded to permanent status. In the judgment, the court held that the refusal to upgrade the status contradicted the purpose of Regulation 12 of the Entry into Israel Regulations, and that the Ministry of Interior's practice to give temporary residency for two years to children over 12 and thus to deny them permanent residency on the pretext that the law does not allow upgrading their status after age 14, undermined the Law. After BS received an identity card of a permanent resident of Israel, it turned out that the state had appealed the judgment to the Supreme Court on the grounds that BS maintained ties with the "Area" – i.e., the West Bank – and therefore, the state was not required to grant him permanent residency.

In April 2011, the court dismissed the appeal and cancelled the Ministry of Interior's internal procedure which, as stated, contradicted the Law. The court ruled that the "decisive age" for receiving permanent status is the child's age upon submission of the registration application, and, therefore, BS was entitled to the status of permanent Israeli resident.


AAA 5178/09 - State of Israel v. Srur et al. Judgment
Judgment / Supreme Court  |  5718/09  |  27.4.2011
Judgment on the Ministry of Interior's appeal on the Court for Administrative Affair's acceptance of HaMoked's petition, instructing that permanent residency be granted to the son of a resident of East Jerusalem, for whom a request was submitted after he turned 12. The Ministry's appeal was rejected. The Court rules that the deciding age for receiving permanent residency is the age at the time ...
AAA 5718/09 – Minister of Interior et al. v. Srur et al. Summary Arguments on behalf of the Respondents
Brief  |  5718/09  |  14.11.2010
AAA 5718/09 – Minister of Interior et al. v. Srur et al. Notice of Appeal
Appeal  |  5718/09  |  9.7.2009
The Ministry of Interior’s appeal against a ruling accepting HaMoked's petition to grant status to the son of an East Jerusalem resident whose application was filed after he had reached the age of 12. The appellants claim that the court erred in ruling in favor of permanent status for the based on case law and the laws regulating the status of children which are designed to prevent separation o...
AP 8890/08 Srur et al. v. Minister of Interior et al. Judgment
Judgment / District Court  |  8890/08   |  8.6.2009
The court accepted HaMoked’s petition and compelled the interior ministry to grant permanent residency to the Jerusalem born son of an East Jerusalem resident. The application regarding the son was submitted after he reached the age of 12, in light of case law on the issue and the laws regulating the status of children which are designed to prevent separation or a gap in status between children...
AP 8890/08 Srur et al. v. Minister of the Interior et al. Written Arguments on behalf of the Petitioners
Summary of Arguments  |  8890/08   |  21.4.2009
HaMoked filed written arguments in a petition to issue temporary permits for the husband and child of an East Jerusalem resident and upgrade another son’s status to permanent residency. HaMoked stresses that in refusing to upgrade the status of children older than 14 to permanent residency, the interior ministry ignores judgments delivered after the petition was filed which reject its position ...
AP 8890/08 Srur et al. v. Minister of Interior et al. Petition for Order Nisi
Administrative Petition  |  8890/08   |  4.11.2008
Petition by HaMoked to issue temporary permits for the spouse and son of an East Jerusalem resident and to upgrade her young son’s status. HaMoked claims that other than the violation of the rights of the petitioners to family life and dignity, in delaying issuing the permits, the interior ministry is breaching its pledge before the court in a different petition to issue six-month temporary in ...
Updates
10.5.2011
Following HaMoked’s petition and based on the Supreme Court's judgment in the Srur case: three children of a Jerusalem resident will be granted permanent residency in Israel
1.5.2011
The Supreme Court orders the Ministry of Interior to grant permanent residency to the son of an East Jerusalem resident, and rules: the determining age for the purpose of permanent residency, is the applicant's age at the time of the initial application
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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