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HCJ 3216/07 - Hamdan et al. v. The State of Israel et al. Petition for Order Nisi and Interim Order
Court Documents | 3216/07 | 11.4.2007
HaMoked's Petition to allow Palestinian residents of the Occupied Territories to have their spouses enter the Territories and lead a normal, shared family life with them. The Petition was filed after the military has long since refused to receive new applications for family unification and visitor permits, save for isolated cases. The military's refusal to do so has been blamed on lack of cooperation with the Palestinians or on an attempt to reduce the number of illegal aliens. Sometimes it has remained unexplained. HaMoked claims that the military's policy is driven by racist, demographic considerations and that its aim is to harm the Palestinian population and put pressure on it. The military's refusal impedes the residents' right to a shared family life, which was recognized as a fundamental constitutional right by a majority of the Justices in the Adalah case. In that case, the restrictions were presented as based on security needs. No such claim has been made by the military in this matter.
Updates
17.4.2007
HaMoked – Center for the Defence of the Individual petitioned the High Court of Justice against the policy preventing Palestinian residents of the Occupied Territories from leading a family life and living with their spouses and children: HaMoked demands the military cease its refusal to process applications transferred to it, receive applications for visitor permits and family unification from...
2.10.2008
On 5 October 2008, the HCJ will hold a hearing in a series of petitions filed by HaMoked against the military's policy which prevents Palestinian residents of the Territories from conducting family life and living with their spouses and children in the Territories: HaMoked claims that the military's refusal to process family unification applications infringes on the right of residents of the Te...
8.10.2008
Following a series of petitions filed by HaMoked against the military's policy which prevents Palestinian residents of the Territories from conducting family life and living with their spouses and children in the Territories, Israel announced it is willing to examine 50,000 family unification applications as a political "gesture": HaMoked further demands Israel fulfill its obligation to routine...
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