Security Prisoner
Security Detainee
Administrative Detainee
Total
The registration of a stateless person in Israel: the case of SZ
783/03 | 783/03 | documents: 5  |  Updates: 1 SZ, born in 1978, was abandoned by his parents at a tender age. His father, an Israeli resident, did not register him in the Israeli population registry, and abandoned him without settling his status. SZ spent his childhood moving between the homes of relatives in Israel and the Occupied Palestinian Territories (OPT). In 1994, a Jerusalem Sharia court order appointed SZ's brother as his legal guardian, and the brother then applied for family unification for SZ. The application was rejected.

For years, SZ had no status anywhere on earth, and therefore was ineligible for the medical and social services available to any citizen or resident of the country. In his youth, SZ worked irregularly in Tel Aviv, Ramle and Lod, sleeping alternately at his brother's home, at acquaintances', his work premises, and on the streets. Despite his considerable personal difficulties, SZ became integrated into Israeli society, and speaks fluent Hebrew. His friends and acquaintances are mostly Jewish and Israeli. In fact, since the death of his grandmother, a resident of West Bank, he has had no close connections with anyone outside Israel. SZ has never been registered as a resident of the Palestinian Authority and has no ties to the OPT.

During the extended periods of time when he lived on the streets, SZ was arrested several times for illegal presence, possession of light drugs and minor criminal offences. All the attempts made by HaMoked between 2001 and 2003 to have his status in Israel settled resulted in refusals, mostly due to his criminal record. In May 2003, HaMoked filed an administrative petition against the Interior Ministry's conduct in his case. The District Court decided not to intervene in the Interior Ministry's considerations and dismissed the petition. HaMoked appealed to the Supreme Court, which then ruled that the Interior Ministry must first grant SZ a temporary permit to remain in Israel which would allow him to work and otherwise facilitate his rehabilitation. In 2006, SZ was granted temporary residency, which also entitled him to social benefits. His application to the Interior Ministry for permanent residency in Israel is still pending.

While dealing with the Interior Ministry, in January 2007, HaMoked also filed a claim on his behalf to the National Insurance Institute (NII) for a general disability pension. Although the NII disability committee ruled that SZ had a 40% temporary medical disability, the NII rejected the pension claim on the grounds that his disability was incurred before he was an Israeli resident. HaMoked filed a claim to the Jerusalem Regional Labor Court to compel the NII to pay SZ the disability benefits. This claim is also pending.


AdmPA 2098/04 - Ziyad et al. v. The Minister of the Interior et al. Decision
Judgment / Supreme Court  |  27.9.2004
The Respondents assert that the family Unification application that the Petitioner's brother submitted for him was denied due to a criminal impediment; that the Petitioner was born in the region and was in it throughout part of his childhood, and therefore his link is to the region and not to Israel; and that the fact that his brother was given guardianship of him in the [Muslim] Sharai Court d...
AdmPA 2098/04 - Ziyad et al. v. The Minister of the Interior et al. Notice of Appeal
Appeal  |  29.2.2004
An appeal from the decision of the Court for Administrative Matters not to intervene in the discretion of the Minister of the Interior who refused to grant a permanent residency to a person without any status in the world, who has links to Israel alone. The trial court accepted as reasonable the Respondents' offer to give the Appellant a visit permit for one year on condition, inter alia, that ...
AP (Jerusalem) 783/03 (CR 7254/03) - Ziyad et al. v. The Minister of Interior et al.Judgment
Judgment / District Court  |  22.1.2004
The Court for Administrative Matters, in a brief decision, elected not to intervene in the Minister of Interior's discretion, who abstained from granting a permanent resident status to a person living in Israel, who, due to the circumstances of his life, has not had any legal status arranged for him either therein or in the region, and a family unification application that was submitted for him...
AP (Jerusalem) 783/03 - Ziyad et al. v. The Minister of Interior et al. Response on Behalf of the Respondents
Response to Petition  |  783/03  |  11.12.2003
The Respondents assert that the family Unification application that the Petitioner's brother submitted for him was denied due to a criminal impediment; that the Petitioner was born in the region and was in it throughout part of his childhood, and therefore his link is to the region and not to Israel; and that the fact that his brother was given guardianship of him in the [Muslim] Sharai Court d...
AP (Jerusalem) 783/03 - Ziyad et al. v. The Minister of Interior et al. Petition for Order Nisi
Administrative Petition  |  783/03   |  19.5.2003
A petition of HaMoked to put in order the status of a 25–year-old male, the son of an Israeli resident, who, due to neglect by his parents, was not given an identifying number close to his birth. The Respondents refused to grant a family unification application that his brother submitted for him, or an application to grant him status in Israel; thus he is denied any status both in Israel, despi...
Updates
28.2.2008
HaMoked filed a claim at the regional labor court demanding that a general disability pension be paid to a temporary resident (holding an A/5-type visa) who suffers from a psychological medical disability of forty percent: The state argues that at the time the disability and the loss of earning capacity were created, the plaintiff was not a resident of Israel. The plaintiff, however, claims tha...
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