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Grant of permanent residency to the children of a Wadi Hummus resident: the case of A'A
9081/11 | 1966/09 | 1895/09 | 417/09 | 8350/08 | 8350/08 | documents: 9  |  Updates: 4 A'A is an Israel resident who lives with his family in that part of Sur Bahir which lies 250 meters outside Jerusalem's city limits. When A'A had built his home, the fact it was outside the city limits had no meaning, as it was part of the village lands, in the south east neighborhood, known as Wadi Hummus. However, the situation changed with the construction of the separation wall. Its planned route initially threatened to separate the neighborhood from the rest of the village, leaving it on the east of the wall. A petition on the matter led to the alteration of route, and thus the whole village, Wadi Hummus included, remained on the west side of the wall.

A'A has 11 children. Nine of them were listed in the Israeli population registry. But his attempts to register his two youngest children – who were born in Jerusalem like their siblings – were repeatedly rebuffed by the Ministry of Interior, on the single claim that his home lay outside the city limits. On May 5, 2008, HaMoked petitioned the Court for Administrative Affairs to order the state to list the pair in the Israeli population registry and grant them permanent residency status. In the petition, HaMoked stressed that by the interior ministry's decision, the children of an Israeli resident were left without status and at risk of being separated from their family; that the decision was harmful to their wellbeing and their social security rights and created a disparity between the resident's status and that of his children. The state countered that the petition should be dismissed as the children's center of life was not in Israel. Based solely on the geographical position of the house, this assertion obliterates with a single stroke all of the other criteria which make up the "center of life" definition. The court chose not to intervene in the state's decision and dismissed the petition
 
HaMoked appealed the decision to the Supreme Court, which recognized the children's complex situation, and instructed the parties to negotiate a suitable solution. The state objected to the appeal and offered that the children be listed in the OPT population registry and receive renewable Israeli stay permits. Note, these permits do not provide social security rights to the children and do nothing to rectify disparity between the resident's status and that of his children.  


AFH 9081/11 - Hafez et al. v. the Minister of Interior Decision
Judgment / Supreme Court  |  9081/11  |  17.1.2012
Rejection of HaMoked's petition to schedule an additional hearing, in an expanded panel, on the appeals of two children, residents of Wadi Hummus, whom the Ministry of Interior refused to register and grant status in Israel. The Court rules that the ruling in the previous appeal on the children's matter, which states that receiving status in Israel is not only dependent on proof of "center of l...
AFH 9081/11 - Attoun et al. v. The Minister of Interior Petition for Further Hearing in AAA 1966/09
Administrative Petition  |  9081/11  |  7.12.2011
HaMoked’s petition for a further hearing of an appeal by two children to whom the ministry of interior refused to grant status. The children were born in Jerusalem and live with their family Sur Bahir’s Wadi Hummus neighborhood, which is outside city limits. The Supreme Court dismissed the appeal in a majority judgment, leaving the children status-less, while ignoring the neighborhoods’ comple...
AAA 1966/09 - Attoun et al. v. Minister of Interior et al. Judgment
Judgment / Supreme Court  |  1966/09  |  22.11.2011
Judgment in HaMoked’s appeal against the rejection of a petition on behalf of a permanent resident who lives in Wadi Hummus to instruct the Ministry of Interior to register his children in the Israeli population registry. In a majority opinion, the HCJ accepts the state’s position and orders the children remain without status. Supreme Court President Beinisch dissented, ruling “the Appellants’...
AAA 1895/09 - Hamadah et al. v. The Ministry of the Interior et al. Decision
Judgment / Supreme Court  |  1895/09  |  29.6.2009
Appeal 417/09 for Failure to Respond to an Application for the Registration of Children
Objection  |  417/09  |  14.5.2009
AAA 1966/09 - 'Attoun et al. v. Minister of Interior et al. Notice of Appeal
Appeal  |  1966/09  |  3.3.2009
HaMoked appeals against the decision of the Court for Administrative Affairs to accept the Ministry of Interior's position that the appellant's children should not be registered in the Israeli population registry as they live in a neighborhood of the Jerusalem village of Sur Bahir which lies outside the city's municipal limits. The appellants claim, inter alia, that the Court's decision contrad...
AAA 1895/09 - Ministry of the Interior v. Hamadah et al. Notice of Appeal and Motion to Delay Implementation of Judgment
Appeal  |  1895/09  |  1.3.2009
The Ministry of the Interior appeals the Administrative Court's decision, following a petition, to approve a family unification application by the petitioners. The Ministry claims that the applicants' place of residence outside Israel, since they live in a neighborhood of Sur Bahir which is located outside Jerusalem's municipal limits. The Ministry repeats its claims that the applicant is a for...
AP 8350/08 - 'Attoun et al. v. The Interior Minister et al. Judgment
Judgment / District Court  |  8350/08   |  26.1.2009
Judgment in HaMoked's petition to register two children from the village of Sur Bahir in the Israeli population registry. The father has always been a resident of Sur Bahir. He has 11 children, and, with the exception of the two petitioners, they are all registered. The Court rejects the petition and rules that the center of the petitioners' lives is outside Israel, therefore, they do not meet ...
AP 8350/08 - 'Attoun et al. v. Minister of Interior et al. Petition for Order Nisi
Administrative Petition  |  8350/08  |  5.5.2008
HaMoked's petition to register two children from the village of Sur Bahir in the Israeli population registry. The father has always been a resident of Sur Bahir. He has 11 children, and, aside from the two petitioners, they are all registered. The petitioners reside in the south-eastern neighborhood of the village, which is outside Jerusalem's municipal jurisdiction as outlined in 1967, when th...
Updates
29.7.2013
After a lengthy battle: children from the Wadi Hummus neighborhood will receive status outside the temporary order
23.11.2011
HaMoked requests an additional hearing on the Supreme Court judgment in AAA 1966/09: the appeal judgment determined that the two children of a Jerusalem resident living in Wadi Hummus will not receive status in Israel, thereby leaving them without status anywhere in the world
7.7.2009
The Supreme Court took a first step towards ruling that residents of Wadi Hummus, a part of the village of Sur Bahir, will not be considered as having a center of life in Jerusalem, and therefore will not be included in the Israeli population registry: The Court gave HaMoked and the Ministry of the Interior a 60-day extension to resolve the appellants' individual cases
11.2.2009
Two petitions on behalf of two families who live in Wadi Hummus, a section of Sur Bahir - the Court accepted one petition and rejected the other: the first petition concerned the denial of a request to register children and the second – the denial of an application for family unification. In both cases the Interior Ministry claimed that the requests had been rejected since the families live out...
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