Security Prisoner
Security Detainee
Administrative Detainee
Denial of family unification applications based on family ties to an assailant: the case of the AD siblings
17012-04-11 | 1038/08 | documents: 2  |  Updates: 7 On March 16, 2008, some 10 days after AA carried out an attack at the "Merkaz Harav" Yeshiva in Jerusalem, killing eight Israeli civilians, his brother and sister received terse notifications by the Head of the Population Administration Office that their family unification applications for their spouses, were denied, due to their kinship with the assailant. Both siblings are permanent residents of Israel, who live with their spouses in Jabal al Mukabbir, an East Jerusalem neighborhood. The brother's application was accepted in 2004, his wife thereafter received stay permits, until Israel discontinued issuing her with permits after the attack, declaring that her presence within her own home with her husband and children was illegal.

The sister's request for family unification was rejected in April 2008, after the attack.  Both siblings' children are all permanent residents of Israel. The Interior Ministry's decision did not provide any pertinent grounds for refusal, other than the applicants being the assailant's siblings. It did not claim the family's center of life was no longer Jerusalem, nor that a criminal or security preclusion prevented the applications' acceptance. The rejection was based on an extraneous consideration to the family unification procedure, intended to punish the applicants for their brother's deeds.

In October 2008, HaMoked filed an administrative petition to reverse the Interior Ministry's decision in the matter. Three days before the scheduled hearing, the Interior Ministry submitted its response to the court, raising new security claims against the relatives of both applicants' spouses, which bar the applications' approval. The response led the parties to agree to have the petition deleted and the Interior Ministry would later forward new refusal notices detailing the claims of security risks allegedly posed by the petitioners. In May 2009, HaMoked appealed against the refusal in the sister's case, but was rejected.  HaMoked then requested a hearing of the sister's case, following the Ghabis case, in which it was ruled that in security-related cases the decision must follow a hearing with the applicant present.

The ruling in the Ghabis case is set to be adapted to a procedure. Once published, HaMoked intends to request a similar hearing of the brother's application.

AP 17012-04-11 - Abu Dahim et al. v. Minister of Interior et al. Judgment
Judgment / District Court  |  17012-04-11  |  6.6.2011
AAA 1038/08, 7493/08 - State of Israel v. Ja'abis et al. Judgment
Judgment / Supreme Court  |  1038/08  |  11.8.2009
The Supreme Court rejected an appeal filed by the interior ministry against lower instance rulings which found hearings must be held for foreign family unification applicants in whose case the ministry is considering refusal on security grounds before the decision is made rather than after. In cases on which HaMoked collaborated, the court ruled that only in exceptional cases, in which the mini...
At the end of a long struggle: the Ministry of Interior retracts its decision to deport a Palestinian woman – who has been living with her family in East Jerusalem for many years – based on her husband’s family tie to an assailant, and announced her status will be upgraded
HaMoked’s objections to the impending revocation of status of four East Jerusalem residents: the denial of oral review hearings constitutes a severe violation of the right to due process
Following HaMoked's letter: Palestinians whose family unification applications are slated for rejection on security grounds will receive an oral hearing
Israel forcibly transferred to the Gaza Strip a Palestinian man while his application for family unification with his East Jerusalem wife was ongoing: the Supreme Court ruled that the man’s forcible transfer was illegal, but refrained from instructing Israel to return the man to his home
Despite his deportation from Israel, a man will return to his home until a decision is rendered on his family unification application: the court rules the deportation was unauthorized and in breach of the law
The Supreme Court rejected an appeal by the ministry of the interior against decisions of the Court for Administrative Affairs: The court ruled that a hearing must be held before a final decision is made in applications by residents and citizens of Israel for family unification with foreign spouses
HaMoked appeals against the Interior Ministry's arbitrary refusal of family unification applications simply because the applicants are related to an assailant: the Ministry's considerations are unrelated to the procedure; the decision is motivated by the desire for revenge; and constitutes collective punishment, which is contrary to the basic rules of justice and to Israeli law and court rulings (02) 627 1698   (02) 627 6317

red-id | רד אינטראקטיב