Center for the Defence of the Individual - HaMoked petitioned the HCJ against the military's refusal to process a family unification application filed by a West Bank resident for his spouse: The military has refrained from processing the application for five years with the aim of preventing the spouse, a Palestinian who holds a Jordanian ID and has been living in the Occupied Territories legally for over 12 years, from receiving permanent status therein
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חזרה לעמוד הקודם
06.09.2005

HaMoked petitioned the HCJ against the military's refusal to process a family unification application filed by a West Bank resident for his spouse: The military has refrained from processing the application for five years with the aim of preventing the spouse, a Palestinian who holds a Jordanian ID and has been living in the Occupied Territories legally for over 12 years, from receiving permanent status therein

HaMoked petitioned the High Court of Justice (HCJ) against the five year long refusal of the commander of the military forces in the West Bank, to process a family unification application of a West Bank resident and his spouse who holds a Jordanian identification card and has been legally present in the Occupied Territories for over 12 years. The petitioners belong to the "first HCJ population", a designation originating from commitments pledged by the state, through a string of HCJ petitions from the early to mid 1990's.

The arrangement set certain conditions which, barring a security preclusion, allowed spouses of residents of the Territories to remain therein under renewable visitor permits, and to receive permanent residency  in the Territories, in the course of their applications' acceptance

For additional information see HaMoked and B'Tselem's report:  Families Torn Apart, Separation of Palestinian Families in the Occupied Territories

The military admits to holding the petitioners' application, and also agrees the couple comes under the arrangement. It nonetheless refrains from handling the application, as part of Israel's overall sanctions policy against the Palestinian Authority, initiated at the outbreak of the second intifada. Notwithstanding, the petitioners' application reached the Israeli side before the onset of the second intifada. It seems the military is motivated by illicit demographic considerations, and is using the petitioners, and other such families, as bargaining chips for political negotiations; the military thus breaches its duties as the representative of the occupying power in the occupied territory, as well as the laws applicable to it in its capacity as an administrative authority. As an occupation army, it must maintain the normal course of life, including an efficient mechanism for treating issues of residency and immigration. Considerations other than the military needs and the wellbeing of the population are strictly forbidden. Under the military legislation in the Territories, it is the administrative authority entrusted with the matter of family unification applications; the military cannot cast aside and refuse to handle an application submitted to it.

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