Security Prisoner
Security Detainee
Administrative Detainee

Following HaMoked's petition a stateless Palestinian youth gains status: the petitioner has lived his entire life in Jerusalem, but systematic stalling by the Interior Ministry, left him without basic liberties and rights. He was now granted temporary residency for a year, and notified that his future application for permanent residency in Israel would be considered in accordance with the law

On August 29, 2005, HaMoked petitioned the Court for Administrative affairs to formalize the stateless youth’s status in Israel. His status was not formalized at the time of his birth due to his mother’s personal difficulties, coupled with the implacability of the Interior Ministry. Despite the fact that all his ties are to Israel, and that applications in his case reached the Interior Ministry shortly after his birth, over 20 years ago, the Ministry continued with systematic stalling, with grave results.  The petitioner lived for years as a persecuted man, frequently exposed to detentions, arrests and deportation; without the right to work or study, and without social benefits.

The petition emphasized that it is a basic right of any person to be a subject of a state, as part of the fundamental rights to liberty and dignity. The Interior Ministry de facto refusal to legalize the petitioner's status since his boyhood blatantly contradicts its obligation as a governmental authority, to protect life, dignity, and bodily integrity. Failing to legalize the petitioner's status in Israel also contravenes international law and Israel's obligations under it, as well as the authority's duty to act fairly, reasonably and with due haste. 

Following the petition, the court issued an interim order, instructing that until conclusion of the proceedings in the petition, the respondents were to refrain from deporting the petitioner out of Israel. In the interim the inter-ministerial committee on humanitarian affairs convened to review his matter. Based on tissue analysis, the committee ruled that kinship between the petitioner and his mother had been established, and therefore, he would receive temporary residency for a year, and also that the petitioner is to apply for permanent residency in Israel, which will be considered according to the regulations and criteria stipulated in the law.

On February 1, 2006, the court endorsed this decision. (02) 627 1698   (02) 627 6317

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