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Permanent residency for the children of an East Jerusalem resident: the case of MH
6160/05 | 283/05 | 283/05 | documents: 4  |  Updates: 3 MH is an East Jerusalem resident who lives with her husband and five children in the Jabal al-Mukabber neighborhood of Jerusalem. All five children were born in the city. The father registered his children in the Palestinian population registry, except for the eldest daughter, who was registered in the Israeli population registry. In August 2001, MH applied to the East Jerusalem Population Administration Office, to have her children entered in the Israeli population registry. She was notified that since her children were registered in the Occupied Palestinian Territories (OPT), her request would be reviewed as part of her application for family unification with her husband.

In October 2003, HaMoked filed an objection to the Interior Ministry's decision, requesting it to reaccept MH's request to register her children, given the fact that their center of life has been in Jerusalem since birth. In December 2004, the Interior Ministry finally accepted the request, but directed the children to obtain Israeli stay permits, and declined to register them in the population registry. The Interior Ministry decided to apply the recently enacted Citizenship and Entry into Israel Law (Temporary Order) and therefore did not approve their registration.

On March 6, 2005, HaMoked petitioned the Court for Administrative Affairs demanding to register the children as permanent Israeli residents. HaMoked argued that contrary to the Interior Ministry's position, the Citizenship and Entry into Israel Law (Temporary Order) was not applicable in their case because the initial application on their behalf was filed in 2001, well before it entered into force, and thus the amended Temporary Order cannot be retroactively applied to their case. The court accepted the petition, and instructed to register the children in the same status as their mother. In its ruling, the court determined that the Interior Ministry must give considerable weight to the children's best interest, and to the cohesion of the family unit.

In August 2005, the Interior Ministry appealed the verdict. This was one of seven similar appeals, filed by the state at that time, against the rulings of the Court for Administrative Affairs concerning children of permanent residents, registered by their parents in the OPT population registry. In March 2007, two months after MH's children were registered as permanent Israeli residents, the state withdrew its appeal.


AAA 5569/05 - The Ministry of Interior v. 'Aweisat et al. Judgment
Judgment / Supreme Court  |  10.8.2008
HCJ rejected State's appeals against Court for Administrative Affairs' judgments regarding the interpretation of regulation 12 of the Entry into Israel Regulations, and the definition of a "resident of the Area" in the Citizenship and Entry into Israel Law (Temporary Order) 5763-2003. The judgment focuses on the status of minors who were born in Israel to resident parents, but appear in the Wes...
AAA 6160/05 – The Minister of Interior v. Hajazi Detailed Notice of Appeal
Appeal  |  6160/05   |  31.8.2005
One of seven appeals the State filed against Court for Administrative Affairs' judgments concerning Regulation 12 of the Entry into Israel Regulations. The issue is the status of children who were born in Israel, registered in the Territories and one of whose parents is a permanent resident of Israel and the other a resident of the Territories. The State claims the judgments misinterpreted the ...
AP (Jerusalem) 283/05 – Hajazi et al. v. Minister of the Interior Judgment
Judgment / District Court  |  283/05   |  25.5.2005
The Court for Administrative Affairs accepted a petition filed by a permanent resident to have her children entered in the Israeli population registry and granted status equal to hers. The Court ruled that the Respondents had presented baseless demands to the Petitioners and that the Citizenship and Entry into Israel Law (Temporary Order) was not applicable. It was also ruled that the Responden...
AP (Jerusalem) 283/05 – Hajazi et al. v. Minister of the Interior Administrative Petition
Administrative Petition  |  283/05  |  6.3.2005
HaMoked's petition against the decision not to grant the children of a permanent resident who were born and live in Jerusalem with their mother status equal to hers. The decision contradicts case law which determined that where children live in Israel, they are to be registered as permanent residents, even if they were registered in the Palestinian population registry, as in this case. The Peti...
Updates
18.4.2011
HaMoked to the HCJ: the Hatib judgment unmasks the true unlawful purpose of the Temporary Order – the collective rejection of applications for Israeli status in order to promote a racist-demographic agenda
30.1.2011
Two daughters of a Jerusalem resident will be upgraded to permanent residency status: the Appellate Commissioner for Foreigners in the Interior Ministry accepted HaMoked's claims and ruled that given the lack of ties to the OPT, the girls cannot be regarded as "residents of the Area", and therefore do not come under the child registration procedure as stipulated in the Temporary Order
27.8.2008
The Supreme Court rejects the State's appeal against rulings made by the Administrative Court to the effect that children of Israeli residents who were born and live in Israel can be registered in the Israeli population registry even if they were registered in the Palestinian population registry: The Court ruled that not everyone registered in the Palestinian population registry is necessarily ...
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