العربية
HE
العربية
HE
Background
Regulation 12 of the Entry into Israel Regulations, 5734-1974, is the basis for granting status to children who have at least one parent who is a permanent resident. This regulation was designed to prevent a rift or gap between the status of the resident parent and that of his or her children. Recently, the Supreme Court ruled, in AP 5569/05 Ministry of Interior v. 'Aweisat, that if an application to register children was submitted prior to the amendment of the Citizenship and Entry into Israel Law (Temporary Order) (meaning, before August 2005), the fact that the children are registered or reside in the Occupied Territories would not affect their right to receive permanent status in Israel.
Despite the clear ruling in the matter, the Ministry of the Interior persists in its longstanding policy, which is designed to deny status to as many children of permanent residents as possible.
The Petition
On 4 November 2008, HaMoked petitioned the Court for Administrative Affairs in Jerusalem, following the Interior Ministry's refusal to decide on applications for family unification submitted by an East Jerusalem resident on behalf of her spouse, as well as on her application for permanent status for one of her children, who was born in Jerusalem.
The petitioner married a man from the West Bank in 1989 and lived with him in the West Bank and Jordan until 2001. In 2001, the petitioner and her family returned to Kafr 'Aqab in Jerusalem. The petitioner's applications for family unification with her spouse and for status for her children were approved in 2007, following two petitions by HaMoked. The Ministry of the Interior first issued temporary permits for the husband and one of the daughters, but ceased to issue them in 2008. The Ministry also refused to upgrade the status of the petitioner's son, who had held temporary status for over two years. The Ministry claims that the Citizenship and Entry into Israel Law (Temporary Order), 5763-2003 (hereinafter – Temporary Order Law) does not allow granting permanent status to a child listed as a resident of the Occupied Territories when the application for an upgrade of status is submitted after the child turns 14.
HaMoked claims that the Ministry's conduct is unreasonable and violates its obligations as an administrative authority. The father and daughter submitted their applications to renew the permits on time – three months before their permit expired – and therefore the Ministry should have granted them a temporary permit, in accordance with the Court's ruling in AP 612/04 Dahud v. Ministry of Interior. The decision not to grant status to the petitioners' son, who was born in Jerusalem, contradicts the purpose of Regulation 12 of the Entry to Israel Regulations.
The Judgment
On 8 June 2009, the Court accepted the petition and ruled that the petitioner's son must be granted permanent status in Israel. The Court ruled that the Ministry of the Interior's refusal to upgrade the status of the petitioner's son contradicts both the purpose of Regulation 12 of the Entry into Israel Regulations and the Temporary Order. Addressing the Ministry's practice of leaving individuals without a valid temporary permit, in contravention of its pledge before the Court, the Court ruled:
"… On 14 May 2009, the respondent notified the Court that in the near future a meeting would be held with the relevant officials, in which the matter shall be settled according to the agreements established in AP 612/04 Dahud v. Ministry of Interior, and this could facilitate a solution for the problem the petitioners raised and the authority's conduct in accordance with the agreements validated in the judgment."
The Court charged the Ministry of the Interior with HaMoked's expenses and attorney fees, in the sum of ILS 5,000.
To view the judgment dated 8 June 2009
