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Arranging the status of a Jordanian citizen married to an OPT resident: the case of MK
5875/07 | documents: 4  |  Updates: 1 AK and MK are married and live in the village of Aqaba near Jenin. Although MK's family originally comes from Aqaba, MK is a citizen of Jordan. Her elderly parents and many other family members, including her eight siblings, continue to live in Jordan. The couple has three children who are registered in the Palestinian population registry. In 1986, MK entered the West Bank with a visitor permit, and two years later, AK filed an application for family unification with her.

In October 2000, with the outbreak of the second intifada, Israel suspended the processing of applications it had received for family unification and visitor permits for foreign national, and refused to accept new applications. MK was left without a valid visitor permit, while still waiting for approval of her family unification application; she was thus afraid to travel to Jordan to visit her family there, as she might not be allowed to return to her home in the West Bank. In July 2007, HaMoked petitioned the HCJ to have the processing of MK's family unification application renewed and her status as a permanent resident of the OPT arranged, and thus to uphold the couple's right to family life. As part of the petition, HaMoked asked the court to issue an interim injunction to prohibit MK's deportation from the West Bank so long as her case was pending in court. In a rare step, and contrary to its decision in similar petitions, the court issued a temporary injunction and left it intact despite the state's objection.

The petition on behalf of MK is one of 46 High Court petitions HaMoked filed in 2007 on behalf of couples whose family unification application were not being processed due to Israel's processing freeze. The court considered the first four petitions jointly as a general petition. In 2008, in its responses to the petitions, the state announced that it had decided, as a "political gesture", to approve 50,000 family unification applications by foreign nationals seeking status in the OPT.

The couple's application was approved as part of the "gesture", and in February 2008, MK received a Palestinian identity card.


HCJ 5875/07 Kasem et al. v. The State of Israel et al. Application on behalf of the Respondents for Summary Dismissal of the Petition Response to the Application for Temporary Injunction
Application  |  5875/07  |  2.9.2007
The State application to dismiss the petition of a Palestinian couple, residents of the OPT, for family unification, and to rescind the interim order that establishes that there shall be no deportation of the petitioner. The state has avoided relating to the claims of HaMoked in its application for an interim order, and in fact merely repeats the same allegations that were raised in previous pe...
HCJ 5875/07 Kasem et al. v. The State of Israel et al. Application by consent to file a response on behalf of the petitioners
Application  |  5875/07  |  2.9.2007
HaMoked’s response to the State’s response in the Palestinian spouses’ petition to allow them to live an orderly family life, to instruct the army to deal with applications that are transferred to them, and to receive applications from factors from the Palestinian Authority for visitor permits and family unification. In this response HaMoked - Center for the Defence of the Individual applies to...
HCJ 5875/07 Kasem et al. v. The State of Israel et al. Petition for Order Nisi
Petition to HCJ  |  5875/07  |  4.7.2007
One of a series of petitions that was filed by HaMoked - Center for the Defence of the Individual to allow Palestinians who are residents of the territories to bring their spouses into the territories to live with them and to enjoy a joint family life together. The petitioner has integrated into life here and has laid down her roots, but she has elderly parents and many family members in Jordan...
HCJ 5875/07 Kasem et al. v. The State of Israel et al. Application for Interim Order
Application  |  5875/07  |  4.7.2007
HaMoked’s application for an interim order to forbid the removal of the petitioner from the OPT, or any step against her on the basis of her residence in the OPT so long as the petition in her matter is still pending. The petitioner is a Jordanian citizen married to a resident of the OPT, with whom she has three children. Because of the military’s policy not to receive applications for visitor ...
Updates
6.9.2007
The HCJ decided a panel of three justices will hear HaMoked's petition to allow a resident of the West Bank and his wife, a Jordanian citizen, to conduct a normal family life with their children. The Court also left the interim order forbidding expulsion of the Petitioner as it was: This is the 37th petition in a series of petitions filed by HaMoked to have military authorities accept applicati...
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